National Labor Relations Board v. Hershey Foods Corporation

513 F.2d 1083 89 L.R.R.M. (BNA) 2126 , 76 Lab.Cas. P 10,820 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. HERSHEY FOODS CORPORATION, and Teamsters, Chauffeurs, Warehousemen & Helpers Union No. 386, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Respondents, Lloyd Brewer, Intervenor. No. 74-2114. United States Court of Appeals, Ninth Circuit. April 15, 1975. Elliott Moore, Deputy Assoc. Gen. Counsel, NLRB, Joseph E. Mayer, Atty., William R. Stewart, Atty. (argued), Washington, D. C., for petitioner. Duane B. Beeson, San Francisco, Cal. (argued), for respondent. George J. Tichy, II, San Francisco, for intervenor. OPINION Before CARTER, WRIGHT and WALLACE, Circuit Judges. WALLACE, Circuit Judge: 1 The National Labor Relations Board brought this action to enforce its orders against Teamsters, Chauffeurs, Warehousemen & Helpers Union Number 386 (Union) and Hershey Foods Corporation (Company). The Board found that the Union and Company had committed unfair labor practices by, respectively, causing the discharge of and discharging Lloyd Brewer for reasons other than his failure to tender dues and initiation fees. The sole question is…