366 F.2d 815 (8th Cir. 1966) Cited 21 times
In American Boiler, the complaint alleged a fabrication clause in a collective-bargaining contract was being unlawfully applied by the parties, but the issue of legality of the clause was not passed on by the Board, even though the validity of the clause would be dispositive and was fully litigated by the parties; this Court remanded to the Board to determine the legality of the clause.