National Labor Relations Board v. Parran, 7235.
| Decision Date | 10 October 1956 |
| Docket Number | No. 7235.,7235. |
| Citation | 237 F.2d 373 |
| Parties | NATIONAL LABOR RELATIONS BOARD, Petitioner, v. Thomas PARRAN, Jr., t/a Silver Spring Transit Company and/or Suburban Transit Company, Respondent. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Arnold Ordman, Atty., National Labor Relations Board, Washington, D. C. (Theophil C. Kammholz, Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Frederick U. Reel and Nancy M. Sherman, Attys., National Labor Relations Board, Washington, D. C., on brief), for petitioner.
S. Harrison Kahn, Washington, D. C. (David Jay Hyman, Washington, D. C., on brief), for respondent.
Before PARKER, Chief Judge, SOBELOFF, Circuit Judge, and BRYAN, District Judge.
This is a petition to enforce an order of the National Labor Relations Board which directed one Thomas Parran, Jr., trading as Silver Spring Transit Company to bargain with a labor union as bargaining representative of his employees. Parran had acquired motor coach lines from the Oriole Motor Coach lines which on September 28, 1953 had been found guilty of unfair labor practices and ordered by the Board to bargain with the union. Parran had been in charge of Oriole's affairs since the preceding February and had assisted in carrying on in its behalf the negotiations with the union which the Board condemned as failure to bargain in good faith. Prior to the time of these negotiations he had arranged to purchase the franchise and equipment of Oriole, and was financing its operations pending the approval of the purchase by the Interstate Commerce Commission, which approval was given on August 10, 1953, and the purchase was consummated on September 21, 1953. Following the order to bargain issued against Oriole on September 28, 1953, the union called on Parran to bargain, but he refused to do so on the ground that as purchaser of the business he had no obligation to comply with the order.
The facts are fully set forth in the findings of the Trial Examiner, which are amply sustained by the evidence in the record and need not be repeated here. In adopting his recommendations the Board said:
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