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INTERNATIONAL U., UNITED AUTO. A. & A. IMP. WKRS. v. N. L. R. B.

No. 71-1585.

470 F.2d 422 (1972)

INTERNATIONAL UNION, UNITED AUTOMOBILE AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, UAW and its Local 864, UAW v. NATIONAL LABOR RELATIONS BOARD, Respondent, General Motors Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided October 17, 1972.

Attorney(s) appearing for the Case

Mr. Stephen I. Schlossberg, Detroit, Mich., with whom Messrs. John A. Fillion and Stanley Lubin, Detroit, Mich., were on the brief, for petitioners.

Mr. Julius Rosenbaum, Atty., N. L. R. B., with whom Mr. Marcel Mallet-Prevost, Asst. Gen. Counsel, N. L. R. B., was on the brief, for respondent.

Mr. Edmond J. Dilworth, Jr., Detroit, Mich., with whom Mr. Calvert Thomas, Detroit, Mich., was on the brief, for intervenor.

Before BAZELON, Chief Judge, Justice CLARK, of the Supreme Court of the United States, and WILKEY, Circuit Judge.

Mr. Justice CLARK:

The question in this case involves the application of the rule in Fibreboard Paper Products Corp. v. NLRB, 379 U.S. 203, 85 S.Ct. 398, 13 L.Ed.2d 233 (1964). Specifically, is a decision made by a manufacturer to convert a self-owned and operated retail outlet into an independently owned and operated franchise dealership a decision subject to the mandatory bargaining requirement of Section 8(a)(5)

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