BUILDING MATERIAL v. N. L. R. B.

Nos. 80-1503, 80-1807 and 80-1808.

669 F.2d 759 (1981)

BUILDING MATERIAL and Dump Truck Drivers, Teamsters Local Union No. 36, etc., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, California Dump Truck Owners Association, Larry Shepard, Associated General Contractors of America, et al., Intervenors. CALIFORNIA DUMP TRUCK OWNERS ASSOCIATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Building Material and Dump Truck Drivers, Teamsters Local No. 36, Intervenor. Larry SHEPARD, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Building Material and Dump Truck Drivers, Teamsters Local No. 36, Associated General Contractors of America, California Dump Truck Owners Association, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 4, 1981.


Attorney(s) appearing for the Case

Richard D. Prochazka, San Diego, Cal., for Building Material and Dump Truck Drivers Teamsters Local Union No. 36 petitioners in No. 80-1503 and intervenor in No. 80-1807 and 80-1808. Robert M. Baptiste and John E. Santucci, Jr., Washington, D. C., also entered an appearance for petitioner.

Robert F. Gore, Springfield, Va., for petitioner in No. 80-1808 and Intervenor Larry Shepard in No. 80-1503.

Robert B. Shanks, Washington, D. C., for California Dump Truck Owners Ass'n petitioner in No. 80-1807. William C. Bottger, Jr. and Robert V. Kuenzel, Los Angeles, Cal., were on the brief for California Dump Truck Owners Ass'n petitioner in No. 80-1807 and intervenor in No. 80-1503 and 80-1808.

David S. Fishback, Atty., N. L. R. B., Washington, D. C., with whom Elliott Moore, Deputy Associate Gen. Counsel and Carol De Deo, Atty., N. L. R. B., Washington, D. C., were on the brief for respondent.

Robert W. Bell, Jr., San Diego, Cal., Associated Gen. Contractors of America, et al., intervenor in Nos. 80-1503 and 80-1808. James K. Smith, San Diego, Cal., also entered an appearance for Associated Gen. Contractors of America, et al., intervenor in Nos. 80-1503 and 80-1808.

Before McGOWAN and ROBB, Circuit Judges, and JAMESON, United States Senior District Judge for the District of Montana.


Opinion for the Court filed by Circuit Judge ROBB.

ROBB, Circuit Judge:

These cases are here on petitions to review the order of the National Labor Relations Board in Building Material & Dump Truck Drivers, Teamsters Local Union No. 36, etc., 249 N.L.R.B. No. 38 (1980). The Board ordered the Building Material and Dump Truck Drivers, Teamsters Local Union No. 36 and the Associated General Contractors, San Diego Chapter, Inc., the San Diego Building...

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