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CLINTON'S DITCH CO-OP CO., INC. v. N.L.R.B.

Nos. 1298, 1396, Dockets 85-4043, 85-4051.

778 F.2d 132 (1985)

CLINTON'S DITCH COOPERATIVE CO., INC., Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner, Teamsters Local 317, Intervenor.

United States Court of Appeals, Second Circuit.

Decided December 5, 1985.

Attorney(s) appearing for the Case

Thomas W. Budd, New York City (Robert A. Wiesen, Richard K. Muser, Clifton Budd Burke & DeMaria, New York City, of counsel), for petitioner-cross-respondent.

Mark S. McCarty, Washington, D.C. (Rosemary M. Collyer, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Elinor Hadley Stillman, N.L.R.B., Washington, D.C., of counsel), for respondent-cross-petitioner.

James R. LaVaute, Syracuse, N.Y. (Blitman & King, of counsel), for intervenor.

Before VAN GRAAFEILAND and PRATT, Circuit Judges, and RE, Chief Judge of the United States Court of International Trade, sitting by designation.

GEORGE C. PRATT, Circuit Judge.

Clinton's Ditch, a cooperative, bottles and cans Pepsi Cola and related products at its plant in Cicero, New York. Until September 1976 Clinton's Ditch directly employed approximately fifteen drivers to distribute these products to members of the cooperative. The drivers were represented by Local 317 of the International Brotherhood of Teamsters (the "union"). The union had entered into a series of collective bargaining agreements with...

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