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BROTH. RY. CARMEN OF U. S., ETC. v. N. L. R. B.

Nos. 79-1843, 79-1857.

624 F.2d 819 (1980)

BROTHERHOOD RAILWAY CARMEN OF the UNITED STATES AND CANADA, LODGE 365, AFL-CIO-CLC, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. AMCAR DIVISION, ACF INDUSTRIES, INCORPORATED, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided June 16, 1980.

Attorney(s) appearing for the Case

Louis N. Laderman, St. Louis, Mo., for petitioner, (Amcar); Gerald Tockman, St. Louis, Mo., on brief.

Carol DeDeo, Atty., N. L. R. B., Washington, D. C., for respondent; Peter Winkler and Vivian A. Miller, Attys., William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, and Elliott Moore, Deputy Associate Gen. Counsel, N. L. R. B., Washington, D. C., on brief.

Before HEANEY, Circuit Judge, GIBSON, Senior Circuit Judge, and ROSS, Circuit Judge.

ROSS, Circuit Judge.

Brotherhood of Railway Carmen of the United States and Canada, Lodge 365 (union) and Amcar Division, ACF Industries, Incorporated (company) petition for review of a decision and order of the National Labor Relations Board (NLRB). The NLRB has filed a cross-application for enforcement of the decision and order.

During 1978 an audit disclosed that the local union was delinquent in the payment of approximately $51,000 of per capita tax to...

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