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LABORERS' INTERNATIONAL UNION OF NORTH AMERICA v. N.L.R.B.

Nos. 75-1854, 75-1859.

567 F.2d 1006 (1977)

LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO, LOCAL UNION NO. 1057, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF the PLUMBING AND PIPEFITTING INDUSTRY OF the UNITED STATES AND CANADA, LOCAL 630, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided November 23, 1977.

Attorney(s) appearing for the Case

Arthur M. Schiller, Washington, D. C., with whom Robert J. Connerton, Jules Bernstein and Theodore T. Green, Washington, D. C., were on the brief, for petitioner in No. 75-1854, and also argued for petitioner in No. 75-1859.

Carl L. Taylor, Atty., N. L. R. B., Washington, D. C., for respondent. John S. Irving, Gen. Counsel, N. L. R. B., and Elliott Moore, Deputy Associate Gen. Counsel, N. L. R. B., Washington, D. C., were on the brief for respondent.

Joseph H. Kaplan, Joseph C. Segor and Howard S. Susskind, Miami, Fla., were on the brief for petitioner in No. 75-1859.

Before LEVENTHAL, ROBINSON and WILKEY, Circuit Judges.

Opinion for the Court filed by Circuit Judge SPOTTSWOOD W. ROBINSON, III.

WILKEY, Circuit Judge, respectfully dissents.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

These cases, on mainly undisputed facts, require interpretation of one short clause lying obscurely among the many pages of this Nation's labor legislation. The issue is simply framed, yet in facing its resolution the parties' arguments—and Congress' lack of clarity—place us...

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