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N. L. R. B. v. SIEBLER HEATING & AIR CONDITIONING

No. 76-2125.

563 F.2d 366 (1977)

NATIONAL LABOR RELATIONS BOARD, Petitioner, and Sheet Metal Workers International Association, Local No. 3, Intervenor-Petitioner, v. SIEBLER HEATING & AIR CONDITIONING, INC., Interstate Sheet Metal, Inc., Donovan Brothers, Inc., Schneiderwind Heating & Air Conditioning Co., Walt Coziahr Heating & Air Conditioning Co., Fisher Heating & Air Conditioning Co., Nelson Heating & Air Conditioning Co., Roberts Sheet Metal Co., and Frazier-Schurkamp, Inc., Respondents.

United States Court of Appeals, Eighth Circuit.

Decided October 11, 1977.

Attorney(s) appearing for the Case

W. Christian Schumann, Atty., N.L.R.B., Washington, D. C., Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D. C., for petitioner; John S. Irving, Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel and Marion Griffin, Atty., N.L.R.B., Washington, D. C., on brief.

Soren S. Jensen, Swarr, May, Smith & Andersen, Omaha, Neb., for respondents.

Soren S. Jensen and George C. Rozmarin, Swarr, May, Smith & Andersen, Omaha, Neb., for respondents except Fisher.

David D. Weinberg, Weinberg & Weinberg, P. S., Omaha, Neb., for intervenor.

Before GIBSON, Chief Judge, and HEANEY and STEPHENSON, Circuit Judges.

HEANEY, Circuit Judge.

The principal issue raised in this enforcement proceeding is whether the National Labor Relations Board's finding that each respondent, other than Frazier-Schurkamp, violated § 8(a)(5) and (1) of the National Labor Relations Act, as amended, 29 U.S.C. § 151 et seq., by making an untimely withdrawal from a multi-employer bargaining unit, can be sustained. The resolution of this issue depends on whether unusual circumstances justified...

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