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NATIONAL LABOR RELATIONS BOARD v. FLORIDA-TEXAS FREIGHT, INC.

No. 73-1775.

489 F.2d 1275 (1974)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. FLORIDA-TEXAS FREIGHT, INC., Respondent, Truck Drivers, Chauffeurs, Helpers Local Union No. 100, Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided February 7, 1974.

Attorney(s) appearing for the Case

Peter G. Nash, Gen. Counsel, John S. Irving, Deputy Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, William Wachter, Douglas S. McDowell, Attys., National Labor Relations Board, Washington, D. C., on brief for petitioner.

Robert O. Smith, Cincinnati, Ohio, on brief, for respondent: Florida-Texas Freight, Inc.

Sorrell Logothetis, Knee, Snyder & Parks, Dayton, Ohio, on brief, for intervenor: Truck Drivers, Chauffeurs & Helpers Local Union No. 100.

Before McCREE and LIVELY, Circuit Judges, and McALLISTER, Senior Circuit Judge.

ORDER

In this case the National Labor Relations Board seeks enforcement of its order issued against the respondent Florida-Texas Freight, Inc. and reported at 203 N.L.R.B. No. 74. The Board found that the respondent had violated § 8(a)(5) of the Act by unilaterally sub-contracting work without adequate notice to and consultation with the intervenor union. Florida-Texas maintains that the reason for sub-contracting was economic and that its decision to do so...

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