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INTER-COLLEGIATE PRESS, GRAPHIC ARTS DIV. v. N. L. R. B.

Nos. 72-1573, 72-1749.

486 F.2d 837 (1973)

INTER-COLLEGIATE PRESS, GRAPHIC ARTS DIVISION, etc., and Sargent Welch Scientific Company, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondents. BOOKBINDERS LOCAL NO. 60, INTERNATIONAL BROTHERHOOD OF BOOKBINDERS, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided October 25, 1973.

Attorney(s) appearing for the Case

Alvin D. Shapiro, Kansas City, Mo., for Intercollegiate Press.

William O. Eisler, Kansas City, Mo., for Bookbinders.

William DuRoss, III, Atty., NLRB, Washington, D. C., for National Labor Relations Board.

Before GIBSON and BRIGHT, Circuit Judges, and SMITH, Senior District Judge.

GIBSON, Circuit Judge.

Does the use of temporary replacements during a bargaining lockout constitute a violation of §§ 8(a) (1) or 8(a) (3) of the National Labor Relations Act, 29 U.S.C. § 151 et seq.?1

The contending parties2 are sharply divided on this issue. The Union has contended throughout these proceedings for a per se rule forbidding the hiring of temporary replacements...

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