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SHEET METAL WORKERS INT. ASS'N, LOC. U. NO. 223 v. N. L. R. B.

No. 72-1787.

498 F.2d 687 (1974)

SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, LOCAL UNION NO. 223, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided May 10, 1974.

Attorney(s) appearing for the Case

William T. Coleman, Jr., Miami, Fla., with whom Seymour A. Gopman, Miami Beach, Fla., was on the brief, for petitioner.

William Gaus, Atty., N.L.R.B., for respondent. John S. Irving, Deputy Gen. Counsel, N.L.R.B., with whom Patrick Hardin, Associate Gen. Counsel, Elliott Moore, Acting Asst. Gen. Counsel, and Abigail Cooley Baskir, Atty., N.L.R.B., were on the brief for respondent. Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., at the time the brief was filed, also entered an appearance, for respondent.

Before ROBB and WILKEY, Circuit Judges, and ROBERT VAN PELT, United States Senior District Judge for the District of Nebraska.

WILKEY, Circuit Judge:

This is a petition for review of an order of the National Labor Relations Board instructing the petitioner, Sheet Metal Workers' Local 223 (Local 223), to cease and desist from maintaining a labor contract clause that the Board found violative of section 8(e) of the National Labor Relations Act (NLRA).1 We have concluded that the trial examiner and the NLRB failed to resolve or adequately to consider factors that...

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