National Labor Relations Board v. Anchorage Businessmen's Association, Drugstore Union, and Its Member Employer

Good Law
289 F.2d 619·47 L.R.R.M. (BNA) 2863·1961 U.S. App. LEXIS 4978
United States Court of Appeals for the Ninth CircuitMarch 29, 196116764California1,579 words

Opinion

Opinion

Merrill, J.

Respondent Anchorage Businessmen’s Association (hereinafter designated “Association”) is a multi-employer bargaining association. The National Labor Relations Board on August 21, 1959, found the Drugstore Unit of the Association and its member companies to have been guilty of unfair labor practices committed in Anchorage, Alaska.

The matter is before us on the Board’s petition pursuant to § 10(e) of the National Labor Relations Act, 61 Stat. 136 , 73 Stat. 519 , 29 U.S.C. § 151 et seq., for enforcement of its order entered against respondents. The decision and order of the Board are reported in 124 N.L.R.B. 72 .

The practices found to be unfair occurred in the course of a dispute between the Association and Retail Clerks Union, Local 1496, over the terms of a collective bargaining agreement then being negotiated on behalf of those employed as retail clerks by the drugstores of Anchorage. The case presents two issues:

(1) In the course of negotiation, the pharmacist employees withdrew from the union and formed their own independent union organization: the Anchorage Professional Pharmacists Association (hereinafter designated “Independent”). The Board has found that the…

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