498 F.2d 680 (D.C. Cir. 1974), 73-1231, International Ass'n of Machinists and Aerospace Workers, AFL-CIO v. N. L. R. B.

Docket Nº:73-1231, 73-1501.
Citation:498 F.2d 680
Party Name:INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Atlantic Technical Services Corp., Intervenor. ATLANTIC TECHNICAL SERVICES CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD Respondent, International Association of Machinists and Aerospace Workers, AFL-CIO,
Case Date:May 07, 1974
Court:United States Courts of Appeals, Court of Appeals for the District of Columbia Circuit
 
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Page 680

498 F.2d 680 (D.C. Cir. 1974)

INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, Petitioners,

v.

NATIONAL LABOR RELATIONS BOARD, Respondent, Atlantic Technical Services Corp., Intervenor.

ATLANTIC TECHNICAL SERVICES CORPORATION, Petitioner,

v.

NATIONAL LABOR RELATIONS BOARD Respondent, International Association of Machinists and Aerospace Workers, AFL-CIO, Intervenor.

Nos. 73-1231, 73-1501.

United States Court of Appeals, District of Columbia Circuit.

May 7, 1974

Argued March 7, 1974.

Page 681

Bernard Dunau, Washington, D.C., with whom Plato E. Papps, Washington, D.C., was on the brief, for petitioner in No. 73-1231 and intervenor in No. 73-1501.

Leo P. Rock, Jr., Tampa. Fla., for petitioner in No. 73-1501 and intervenor in No. 73-1231.

Joseph C. Thackery, Atty., N.L.R.B., with whom John S. Irving, Deputy Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, Elliott Moore, Asst. Gen. Counsel, and Robert Sewell, Atty., N.L.R.B., were on the brief, for respondent.

Before HASTIE, [*] Senior Circuit Judge, and WRIGHT and ROBB, Circuit judges.

HASTIE, Senior Circuit Judge:

This controversy and the National Labor Relations Board order we now review arose out of the refusal of an employer to bargain with a union.

On April 1, 1971, under a contract with the National Aeronautics and Space Administration, Atlantic Technical Services (ATS) commenced performance of mail and freight distribution services at Kennedy Space Center. Trans World Airways (TWA), the contractor which had performed these services for seven years prior thereto, had recognized the International Association of Machinists and Aerospace Workers (the Union) as the representative of its employees, including those who constituted the mail distribution service force. Terms and conditions of employment were controlled by a labor contract between TWA and the Union.

The record shows, and the administrative law judge found, that ATS thought it important to retain as many incumbent employees as possible, and wanted and offered to hire all of them. Shortly after the award of a new contract to ATS was announced, TWA helped ATS to set up interviews with the incumbent employees. There is no finding or evidence that anyone other than incumbents was informed of or invited to attend these interviews. At the interviews, and apparently before ATS offered positions, ATS officials advised the incumbents that fringe benefits under ATS would have to be substantially less than they had been under TWA. Of the 41 incumbents...

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