v2962-1160

Simply stated, in the express absence of an agree-

ment between the parties as to bonuses and sick leave,

the Board has written that provision for the parties.

Even though it has written it indirectly, nevertheless

for all practical purposes it has written a portion of

the contract for the parties.

We say that the Board cannot write a contract

for the parties or compel the parties to agree to any

provisions of a contract, directly or indirectly.

We submit that upon the record there is no evi-

dence of any unlawful intent on the part of the com-

pany, and the conclusion of the Board that the com-

pany's disparate treatment inherently discouraged

union membership is unwarranted and improper.

The order of the Board should be set aside and

the Board's request for enforcement should be denied.

Respectfully submitted,

THOMAS L. SMITH

319 Broadway

Boise, Idaho

LOUIS H. CALLISTER and

NATHAN J. FULLMER

619 Continental Bank Building

Salt Lake City, Utah

Counsel For Petitioner

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archive.org Volume Name: govuscourtsca9briefs2962

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