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GENERAL DRIVERS & H. U., L. 554 v. YOUNG & HAY TRANSP. CO.

Nos. 74-1910, 75-1101.

522 F.2d 562 (1975)

GENERAL DRIVERS AND HELPERS UNION, LOCAL NO. 554, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Appellee, v. YOUNG AND HAY TRANSPORTATION COMPANY, a corporation, Appellant. GENERAL DRIVERS AND HELPERS UNION, LOCAL NO. 554, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers of America, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Young and Hay Transportation Company, Intervenor.

United States Court of Appeals, Eighth Circuit.

Decided September 10, 1975.

Rehearing and Rehearing Denied October 3, 1975.

Rehearing Denied October 23, 1975.

Attorney(s) appearing for the Case

Roger J. Miller, Lincoln, Neb., for appellant in No. 74-1910.

David D. Weinberg, Omaha, Neb., for appellee in No. 74-1910.

David L. Uelmen, Milwaukee, Wis., for petitioners in No. 75-1101.

John Elligers, Atty., N.L.R.B., Div. of Enforcement Litigation, Washington, D. C., for respondent in No. 75-1101; Peter G. Nash, Gen. Counsel, John S. Irving, Deputy Counsel, Patrick Hardin, Associate Gen. Counsel, and John D. Burgoyne, Atty., N.L.R.B., Washington, D. C., on brief.

Nelson, Harding, Marchetti, Leonard & Tate, Lincoln, Neb., on brief for intervenor, Young and Hay Transportation Co.

Before HEANEY and STEPHENSON, Circuit Judges, and SMITH, Senior District Judge.

Rehearing and Rehearing En Banc Denied in No. 75-1101 October 3, 1975.

Rehearing Denied in No. 74-1910 October 23, 1975.

HEANEY, Circuit Judge.

We consolidated two appeals for purposes of this opinion. In No. 75-1101, General Drivers and Helpers Union, Local No. 554, appeals from a decision of the National Labor Relations Board dismissing a complaint alleging a violation of Section 8(a)(1) and (5) of the National Labor Relations Act, as amended, 29...

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