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MISCELLANEOUS DRIVERS, ETC. v. N. L. R. B.

No. 79-1954.

624 F.2d 831 (1980)

MISCELLANEOUS DRIVERS AND HELPERS UNION, LOCAL NO. 610, affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, O'Sullivan, Muckle, Kron Mortuary, Intervenor-Respondent.

United States Court of Appeals, Eighth Circuit.

Decided June 17, 1980.

Attorney(s) appearing for the Case

Earl B. Wilburn, Wiley, Craig, Armbruster, Wilbur & Mills, St. Louis, Mo., filed appendix and brief for petitioner.

Carol A. DeDeo and Ralph C. Simpson, 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., for respondent.

Before ROSS, Circuit Judge, GIBSON, Senior Circuit Judge, and HANSON, District Judge.

PER CURIAM.

International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (union) petition for review of a decision and order of the National Labor Relations Board (NLRB). The NLRB found that the intervenor-respondent, O'Sullivan, Muckle, Kron Mortuary (O'Sullivan), was not a joint employer of funeral vehicle drivers. Therefore, O'Sullivan's refusal to sign a collective bargaining agreement did not violate section 8(a)(5) of the National...

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