Newspaper & Periodical Drivers & Helpers Union, Local No. 921 v. National Labor Relations Board

Before the court are the respective petitions of Newspaper & Periodical Drivers & Helpers Union, Local # 921 (Union) and the nine charging parties, individuals who are non-unionized newspaper distributors (Dealers) for San Francisco Newspaper Printing Company, Inc. (Company), to review a supplemental decision and order of the National Labor Relations Board (Board) reported in 204 N.L.R.B. No. 60. The supplemental decision and order followed our remand of an earlier Board decision and order. Brown v. N. L. R. B., 462 F.2d 699 (CA9 1972). The Board has filed a cross-application for enforcement of its supplemental order. The Union first sought review of the subject in the United States Court of Appeals for the District of Columbia Circuit, followed by the Dealers’ request for review and change of venue. A change of venue was granted, and the consolidated cases were transferred to this court for further proceedings. A full statement of the facts is found in the Board’s decision.

Our review convinces us that there is substantial evidence on the whole record to support the Board’s findings that the Union and the Company violated § 8(e) of the National Labor Relations Act ( 29…