OPERATING ENGINEERS LOCAL UNION NO. 3, ETC. v. N. L. R. B.

Nos. 14298, 14406, 14466.

266 F.2d 905 (1959)

OPERATING ENGINEERS LOCAL UNION NO. 3 OF INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. NORTHERN CALIFORNIA CHAPTER, THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, INC., and Central California Chapter, The Associated General Contractors of America, Inc., Respondents. ST. MAURICE, HELMKAMP, AND MUSSER, a California partnership, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided May 8, 1959.


Attorney(s) appearing for the Case

Mr. P. H. McCarthy, Jr., San Francisco, Cal., of the bar of the Supreme Court of California, pro hac vice, by special leave of court, with whom Mr. J. Albert Woll, Washington, D. C., was on the brief for petitioner in No. 14298.

Mr. George Bahrs, San Francisco, Cal., of the bar of the Supreme Court of California, pro hac vice, by special leave of court, with whom Mr. Raymond S. Smethurst, Washington, D. C., was on the brief, for petitioner in No. 14466.

Mr. Arnold Ordman, Attorney, National Labor Relations Board, of the bar of the Supreme Judicial Court of Massachusetts, pro hac vice, by special leave of court, with whom Messrs. Jerome D. Fenton, General Counsel, National Labor Relations Board at the time the brief was filed, Thomas J. McDermott, Associate General Counsel, National Labor Relations Board, Marcel Mallet-Prevost, Asst. General Counsel, National Labor Relations Board, Miss Rosanna A. Blake and Mrs. Nancy M. Sherman, Attorneys, National Labor Relations Board, were on the brief, for petitioner in No. 14406 and respondent in Nos. 14298 and 14466.

Mr. Thomas E. Stanton, Jr., San Francisco, Cal., of the bar of the Supreme Court of California, pro hac vice, by special leave of court, with whom Mr. Travis Brown, Washington, D. C., was on the brief for respondents in No. 14406.

Before WILBUR K. MILLER, BAZELON and FAHY, Circuit Judges.


FAHY, Circuit Judge.

These three consolidated cases bring under review a decision and order of the National Labor Relations Board.1 The relevant events appear in considerable elaboration in the report of the case at 119 N.L.R.B. 1026 (1957).

The Associated General Contractors of America, Inc., referred to as AGC, was the prime contractor on a construction project at Travis Air Force Base in California. The Operating Engineers,...

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