N. L. R. B. v. DAVISON

No. 8759.

318 F.2d 550 (1963)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. F. McKenzie DAVISON, W. J. Hardy, Sr., and W. J. Hardy, Jr., d/b/a Arlington Asphalt Company, Respondent.

United States Court of Appeals Fourth Circuit.

Decided May 28, 1963.


Attorney(s) appearing for the Case

Melvin J. Welles, Attorney, National Labor Relations Board (Stuart Rothman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and Lee M. Modjeska, Attorney, National Labor Relations Board, on brief), for petitioner.

William B. Devaney, Washington, D. C. (Charles G. Williamson, Jr., and Steptoe & Johnson, Washington, D. C., on brief), for respondent.

Before SOBELOFF, Chief Judge, and BRYAN and J. SPENCER BELL, Circuit Judges.


SOBELOFF, Chief Judge.

The National Labor Relations Board petitions for enforcement of its order of March 30, 1962, in which the employer-respondent1 was found to have committed unfair labor practices in violation of section 8(a) (5) and (1) of the National Labor Relations Act, 29 U.S.C.A. § 158 (a) (5) and (1), by insisting to an impasse upon a voluntary, non-mandatory subject of collective bargaining.2

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