the Board's legal position may be uncertain when tested by appropriate legal standards (cf. Penello for and on Behalf of N.L.R.B. v. Local Union No. 59, Sheet Metal Workers International Association, D.C.Del.1961, 195 F.Supp. 458). However, we do not believe it is either unreasonable or frivolous, since the inferences to be drawn from the decided cases do not completely exclude the possibility that the Board's position is correct.' Schauffler for and on Behalf of N.L.R.B. v. Local No. 677, International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, AFL-CIO, 201 F.Supp. 637 (E.D.Pa.1961).
Moreover, counsel for the respondent pointed out the unique legal question involved in his brief herein and stated:
'Under the general law of contracts, either party may terminate the contract as provided therein and such termination effectively puts an end to the relationship and to any obligations thereunder. Indeed, either party may just walk away from the contract upon its termination. Such is not the case where a collective bargaining agreement is involved. For, a relationship has been created, and continuing rights and obligations persist. This is necessary to stabilize industry and protect both labor and management.'
Obviously, if a collective bargaining contract presents such 'novel questions of labor law' as mentioned in Local 1291 (supra), then its interpretation should be made by the Board as the primary interpreter of the statutory scheme. In any event, we cannot conclude that the Board's finding that the April 10, 1962, contract expired on December 31, 1963, is either unreasonable or frivolous.
While there are many facets of this case that appear peculiar to the Court, such as the incident where Mr. Cherney, the District 50 representative, presented a form to Kaminski for signature in which the Pennsylvania Heavy & Highway Contractors Bargaining Committee, an employers' group, was designated to represent Kaminski and conclude contracts on his behalf with District 50, plus Cherney's statement that he carries these forms with him when he approaches contractors in his district. In addition, the respondent has charged Kaminski and District 50 with a collusive scheme to eliminate Local No. 542 and its members from Kaminski projects by injecting Kaminski Brothers, Inc., into the highway construction industry in place of Kaminski Construction Company, Inc., a co-contractor with Local No. 542 under the agreement of April 10, 1962. Also the respondent's interesting argument that an uncommon kinship exists between employer and union in the construction industry, where employment is casual and intermittent, which gives rise to a relationship that must persist beyond the normal expiration of the contract and which places greater duties and obligations on both employer and union to protect and safeguard the interests of the employees. There are many significant questions and issues that must be resolved in this case, but I am convinced that Congress has designated the National Labor Relations Board and not this Court is the forum for their initial resolution.
For the purposes of this proceeding, we hold that the petitioner has demonstrated that there is reasonable cause to believe that the elements of an unfair labor practice are present and that the propositions of law which have been applied to the charge are substantial and not frivolous. Therefore, after carefully considering all the circumstances, we conclude that equitable relief is just and proper.