N. L. R. B. v. ADAMS DAIRY, INC.

No. 17171.

322 F.2d 553 (1963)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ADAMS DAIRY, INC., Respondent.

United States Court of Appeals Eighth Circuit.

Rehearings Denied October 11, 1963.


Attorney(s) appearing for the Case

Elliott Moore, Atty., N.L.R.B., Washington, D. C., for petitioner and Stuart Rothman, Gen. Counsel, N.L.R.B., Washington, D. C., Dominick L. Manoli, Associate Gen. Counsel, N.L.R.B., Washington, D. C., Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., Washington, D. C., and Melvin J. Welles, Atty., N.L.R.B., Washington, D. C., were with him on the brief.

J. Leonard Schermer, St. Louis, Mo., for respondent. J. Leonard Schermer and Sylvan Agatstein, of Shifrin, Treiman, Agatstein & Schermer, St. Louis, Mo., and Jack Hasburgh, of Hillix, Hall, Hasburgh, Brown & Hoffhaus, Kansas City, Mo., were on the brief.

Before VOGEL, VAN OOSTERHOUT and RIDGE, Circuit Judges.


VOGEL, Circuit Judge.

This is a petition by the National Labor Relations Board seeking enforcement of its order issued against the respondent, Adams Dairy, Inc. The order is predicated upon the Board's finding that the company violated § 8(a) (5) and (1) of the National Labor Relations Act, insofar as it discharged its driver-salesmen and replaced them with independent contractors without first notifying and consulting with the employees' certified bargaining...

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