In N.L.R.B. v. Sands Mfg. Co., 306 U.S. 332, 59 S.Ct. 508, 83 L.Ed. 682, affirming the ruling of this Court in 6 Cir., 96 F.2d 721, the Supreme Court held the employer justified in abandoning further negotiations with the Union when conditions showed the uselessness of continuing with them.
In Gary Hobart, not only was the contract lacking any acknowledgement of the industrial necessity to avoid work stoppages, but the no-strike clause and the grievance and arbitration procedures of the contract were fundamentally related.
In Suburban Transit Corp. v. NLRB, 499 F.2d 78 (3d Cir.), cert. denied, 419 U.S. 1089, 95 S.Ct. 681, 42 L.Ed.2d 682 (1974), this court denied enforcement to the part of the Board's order that held Suburban to have violated sections 8(a)(1), (2) and (3) by bargaining and entering into the collective bargaining agreement with the UTU.