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N. L. R. B. v. CHARLES D. BONANNO LINEN SERV.

No. 79-1524.

630 F.2d 25 (1980)

NATIONAL LABOR RELATIONS BOARD, Petitioner, and Teamsters Local Union No. 25, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Intervenor, v. CHARLES D. BONANNO LINEN SERVICE, INC., Respondent.

United States Court of Appeals, First Circuit.

Decided September 12, 1980.

Attorney(s) appearing for the Case

John G. Elligers, Atty., Washington, D. C., with whom William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel and Standau E. Weinbrecht, Atty., Washington, D. C., were on brief, for petitioner.

Sidney A. Coven, Boston, Mass., with whom Howard I. Wilgoren and Lepie & Coven, Boston, Mass., were on brief, for respondent.

James T. Grady, Boston, Mass., with whom Gabriel O. Dumont, Jr. and Grady & McDonald, Boston, Mass., were on brief, for intervenor.

Before CAMPBELL and BOWNES, Circuit Judges, and DAVIS, Judge.

BOWNES, Circuit Judge.

Pursuant to § 10(e) of the National Labor Relations Act, 29 U.S.C. § 160(e), the National Labor Relations Board (the Board) petitions for enforcement of a decision1 which it concedes is contrary to the pronouncements of five circuit courts. At issue is whether the occurrence of an impasse in the course of collective bargaining enables an employer unilaterally to...

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