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LOCAL NO. 150, INTERNATIONAL UNION OF OP. ENG. v. N. L. R. B.

No. 71-1689.

480 F.2d 1186 (1973)

LOCAL NO. 150, INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

June 20, 1973.

Attorney(s) appearing for the Case

Bernard M. Baum, Daniel S. Shulman, Robert H. Baum, Chicago, Ill., and J. Albert Woll, Washington, D. C., were on the brief for petitioner.

Peter G. Nash, Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Washington, D. C., at the time the brief was filed, Charles N. Steele, and Alan D. Cirker, Washington, D. C., Attys., N.L. R.B., were on the brief for respondent.

Before McGOWAN, Circuit Judge, and WINTER and MacKINNON, Circuit Judges.

WINTER, Circuit Judge:

The basic question we must decide is whether an employer may be guilty of an unfair labor practice with respect to a union with which it has executed a pre-hire contract, valid under § 8(f) of the National Labor Relations Act, 29 U. S.C. § 158(f) (1965), to the same extent that it may with respect to a union which has gained recognition and secured a contract after traditional demonstration of its majority support. The question arises...

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