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N.L.R.B. v. BROTHERHOOD OF TEAMSTERS, ETC., LOCAL NO. 70

No. 72-1498.

470 F.2d 509 (1972)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. BROTHERHOOD OF TEAMSTERS AND AUTO TRUCK DRIVERS LOCAL NO. 70, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, Respondent, and California Trucking Association, Inc., Intervenor.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied January 19, 1973.

Attorney(s) appearing for the Case

John M. Flynn (argued), Baruch A. Fellner, Marcel Mallet-Prevost, Asst. Gen. Counsel, Peter G. Nash, Gen. Counsel, Washington, D. C., Roy O. Hoffman, Director, Region 20, NLRB, San Francisco, Cal., for petitioner.

Victor J. Van Bourg (argued), Michael B. Roger, of Levy & Van Bourg, San Francisco, Cal., for respondent.

Wesley J. Fastiff (argued), of Littler, Mendelson & Fastiff, San Francisco, Cal., for intervenor.

Before DUNIWAY and TRASK, Circuit Judges, and TALBOT SMITH, Senior District Judge.

PER CURIAM:

The Board's Order before us was based upon its finding that respondent union had violated Sections 8(b)(3) and 8(b)(1)(B) of the National Labor Relations Act, as amended, 29 U.S.C. § 151 et seq. It was the determination of the Board that the respondent union, a member of a multi-union-multi-employer unit, had unlawfully refused to bargain by refusing to be bound by the negotiations of its representatives, such action "coming after negotiations for...

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