National Labor Relations Board v. Brotherhood Of Teamsters & Auto Truck Drivers, Local No. 70

490 F.2d 87 84 L.R.R.M. (BNA) 3022 , 72 Lab.Cas. P 14,163 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. BROTHERHOOD OF TEAMSTERS & AUTO TRUCK DRIVERS, LOCAL NO. 70, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, Respondent. No. 72-2927. United States Court of Appeals, Ninth Circuit. Dec. 5, 1973. Marcel Mallet-Prevost, Asst. Gen. Counsel, NLRB, Washington, D.C., Roy O. Hoffman, Director, Region 20, NLRB, San Francisco, Cal., for petitioner. Duane B. Beeson (argued), of Brundage, Neyhart, Grodin & Beeson, San Francisco, Cal., for respondent. OPINION Before BROWNING and ELY, Circuit Judges, and TAYLOR, 1 District Judge. PER CURIAM: 1 The petitioning Board's Decision and Order is reported at 197 NLRB No. 24 . Our review of the record convinces us that the Board's critical factual determinations are supported by substantial evidence. 2 We need not decide whether an agreement to extend a collective bargaining contract beyond its stated term must be express to be enforceable. The trial examiner, whose findings the Board adopted, considered both verbal statements and conduct by the parties. He concluded that no contract of any kind…