From Casetext: Smarter Legal Research

Pearl Beer Distrib. Co. v. N.L.R.B

United States Court of Appeals, Fifth Circuit
Apr 20, 1964
331 F.2d 301 (5th Cir. 1964)

Opinion

No. 20849.

April 20, 1964.

John H. Benckenstein, Beaumont, Tex., for appellant.

Marcel Mallet-Prevost, Asst. Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Harold B. Shore, Atty., Arnold Ordman, Gen. Counsel, Warren M. Davison, Atty., N.L.R.B., for appellee.

Before RIVES, BELL and WRIGHT, Circuit Judges.

Of the D.C. Circuit, sitting by designation.


Petitioner concedes that the Board has jurisdiction insofar as concerns its driver-salesmen for whom it has bargained as a member of a multi-employer bargaining association. See N.L.R.B. v. Sightseeing Guides Lecturers Union, 2 Cir. 1962, 310 F.2d 40. The Board's order, however, is based upon coercion of warehouse employees and the discharge of one warehouse employee. The multi-employer association has not bargained for warehouse employees, but in oral argument petitioner's counsel states that about half of the members of such association hire warehouse employees. We cannot say that the Board erred in asserting jurisdiction. Substantial evidence on the record as a whole supports the Board's findings.

The Board's order is therefore enforced.


Summaries of

Pearl Beer Distrib. Co. v. N.L.R.B

United States Court of Appeals, Fifth Circuit
Apr 20, 1964
331 F.2d 301 (5th Cir. 1964)
Case details for

Pearl Beer Distrib. Co. v. N.L.R.B

Case Details

Full title:PEARL BEER DISTRIBUTING COMPANY OF JEFFERSON COUNTY, Incorporated…

Court:United States Court of Appeals, Fifth Circuit

Date published: Apr 20, 1964

Citations

331 F.2d 301 (5th Cir. 1964)

Citing Cases

N.L.R.B. v. O'Keeffe Electric Co.

See section 1 of the Act, 29 U.S.C. § 151. That such action would substantially affect interstate commerce is…