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12/03/74 Local 294, International v. National Labor

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT


December 3, 1974

LOCAL 294, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, PETITIONER

v.

NATIONAL LABOR RELATIONS BOARD, RESPONDENT.

Before DANAHER, Senior Circuit Judge, and LEVENTHAL and WILKEY, Circuit Judges.

UNITED STATES COURT OF APPEALS, DISTRICT OF COLUMBIA CIRCUIT. 1974.CDC.267

December 3, 1974.

Judgment

PER CURIAM: This cause came on to be heard on a petition for review of an order of the National Labor Relations Board and was argued by counsel. While the issues presented occasion no need for an opinion, they have been accorded full consideration by the Court. See Local Rule 13(c). On consideration of the foregoing, it is

Ordered and adjudged by this Court that the order of the National Labor Relations Board appealed from in this cause is hereby affirmed, as supported by substantial evidence, the finding of the National Labor Relations Board that the Union, petitioner in this Court, violated section 8(b)(2) and (1)of the National Labor Relations Act; and further the Court orders enforcement of the Board's order for remedial relief, except insofar as the order requires that the Union send a copy of the appropriate notice to each of its members by certified mail, and as to such provision the court concludes that in the interest of confining relief to provisions that further the purpose of the Act, and avoiding overbreadth, the Board's order shall be modified to provide that the Union may send the notices to its employees by ordinary mail, provided the Union conforms with such conditions as the Board may establish, which may include a requirement that the mailing be at such place(s) or in the presence of such person(s) as the Board may designate to assure that the mailing by ordinary mail does in fact take place. Except to the limited extent indicated, the petition to review is denied, and the Board's petition for enforcement is granted.

So ordered.

19741203

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