265 F.2d 101 (D.C. Cir. 1959), 14576, National Biscuit Division (Biscuit Council, Bakery and Confectionery Workers' International Union of America) v. Leedom

• Citation: 265 F.2d 101
• Party Name: NATIONAL BISCUIT DIVISION (BISCUIT COUNCIL, BAKERY AND CONFECTIONERY WORKERS' INTERNATIONAL UNION OF AMERICA) As bargaining agent and contractual representative of certain employees of the National Biscuit Company, Appellant, v. Boyd LEEDOM, Chairman, et al., individually and as members of the National Labor Relations Board, Appellees.
• Case Date: January 29, 1959
• Court: United States Courts of Appeals, U.S. Court of Appeals — District of Columbia Circuit

Page 101

265 F.2d 101 (D.C. Cir. 1959)

NATIONAL BISCUIT DIVISION (BISCUIT COUNCIL, BAKERY AND CONFECTIONERY WORKERS' INTERNATIONAL UNION OF AMERICA) As bargaining agent and contractual representative of certain employees of the National Biscuit Company, Appellant,

v.

Boyd LEEDOM, Chairman, et al., individually and as members of the National Labor Relations Board, Appellees.

No. 14576.

United States Court of Appeals, District of Columbia Circuit.

January 29, 1959

Argued Nov. 19, 1958.

Certiorari Denied June 1, 1959. See 79 S.Ct. 1151.

Page 102

Mr. Abraham J. Harris, Washington, D.C., with whom Messrs. John V. Long and James H. Heller, Washington, D.C., were on the brief, for appellant.

Mr. Norton J. Come, Deputy Asst. Gen. Counsel, National Labor Relations Board, with whom Messrs. Jerome D. Fenton, Gen. Counsel, National Labor Relations Board, Thomas J. McDermott, Associate Gen. Counsel, National Labor Relations Board, and Marcel Mallet-Prevost, Asst. Gen. Counsel, National Labor Relations Board, were on the brief, for appellees.

Messrs. Henry Kaiser, Isaac N. Gronger and Stephen I. Schlossberg, Washington, D.C., filed a brief on behalf of American Bakery and Confectionery Workers' International Union, AFL-CIO, as amicus curiae, urging affirmance.

Before REED, Associate Justice of the Supreme Court, retired, ^[*] BAZELON and FAHY, Circuit Judges.

PER CURIAM.

Appellant, a division of the Biscuit Council, Bakery and Confectionery Workers' International Union of America (hereinafter called BCW), is the bargaining representative for a group of locals in plants of the National Biscuit Company. It negotiated a series of master agreements with the Company, the last expiring on August 31, 1959. In December 1957, however, the BCW was expelled from the AFL-CIO for failure to eliminate certain corrupt practices. Thereafter various locals voted to disaffiliate and joined with the American Bakery and Confectionery Workers (hereinafter called ABC), a new international union chartered by the AFL-CIO. The new locals filed petitions with the National Labor Relations Board under § 9(c) of the National Labor Relations Act ¹ for new and separate elections at each plant. Hearings were held in which appellant urged that the current master agreement barred the elections sought and that separate plant units were inappropriate for bargaining. The Board concluded, however, that the schism within and disaffiliation from appellant had so unstabilized the...