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T. I. M. E. — DC, INC. v. N. L. R. B.

Nos. 73-2531, 73-2952.

504 F.2d 294 (1974)

T. I. M. E. — DC, INC., Petitioner-Cross Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross Petitioner. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. LOCAL UNION 294, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, Respondent.

United States Court of Appeals, Fifth Circuit.

November 15, 1974.

Attorney(s) appearing for the Case

R. Ian Hunter, Detroit, Mich., A. Read Cone, Bloomfield Hills, Mich., for T. I. M. E.

Dominick Tocci, Albany, N. Y., for Local No. 294.

Elliott Moore, Deputy Associate Gen. Counsel, Majorie J. Gofreed, Atty., N. L. R. B., Washington, D. C., Thomas W. Seeler, Regional Director, N. L. R. B., Albany, N. Y., for N. L. R. B.

Before BELL, GOLDBERG and CLARK, Circuit Judges.

GOLDBERG, Circuit Judge:

Kenneth Smith, a long distance truck driver employed by T. I. M. E. — DC, Inc. (the Company), was scheduled to report for work at the Company's Albany, New York, terminal on January 17, 1972. For reasons which will appear below, Smith did not present himself in Albany until February 24, 1972. In the interim, and for several months thereafter, the Company and the Albany Local 294 of the International Brotherhood of Teamsters (Local 294...

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