ELAM v. NATIONAL LABOR RELATIONS BOARD

Nos. 21047, 21176.

395 F.2d 611 (1968)

Lewis E. ELAM, Jr., et al., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent, A. H. Belo Corporation, Intervenor. A. H. BELO CORPORATION, Petitioner, NATIONAL LABOR RELATIONS BOARD, Respondent, Lewis E. Elam, Jr., et al., Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided April 8, 1968.

As Amended May 21, 1968.

Petition for Rehearing Denied May 21, 1968.


Attorney(s) appearing for the Case

Mr. L. N. D. Wells, Jr., Dallas, Tex., with whom Mr. George Kaufmann, Washington, D. C., was on the brief, for petitioners in No. 21,047 and intervenors in No. 21,176.

Mr. Larry Lesh, Dallas, Tex., of the bar of the Supreme Court of Texas, pro hac vice, by special leave of court, with whom Mr. Warren Woods and Mrs. Betty Southard Murphy, Washington, D. C., were on the brief, for petitioners in No. 21,176 and intervenor in No. 21,047. Mr. Gerhard P. VanArkel, Washington, D. C., also entered an appearance for intervenor in No. 21,176.

Mr. Eugene B. Granof, Attorney, N.L.R.B., of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Messrs. Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and Warren M. Davison, Attorney, N.L.R.B., were on the brief, for respondent.

Before DANAHER, TAMM and LEVENTHAL, Circuit Judges.


PER CURIAM:

The National Labor Relations Board found that on May 7, 1966 A. H. Belo Corporation (Company) acted in violation of § 8(a) (1) of the National Labor Relations Act1 when it discharged the "extra boys" working in the mailroom of the Company's newspaper, the Dallas Morning News, and refused to reinstate them. The conclusion of illegality is based on the finding that the discharge and denial of reinstatement were in reprisal...

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