ANCHORTANK, INC. v. N.L.R.B.

No. 78-3812.

618 F.2d 1153 (1980)

ANCHORTANK, INC., Petitioner Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

June 13, 1980.


Attorney(s) appearing for the Case

Andrews, Kurth, Campbell & Jones, Clinton S. Morse, James V. Carroll, III, Houston, Tex., Rocky Robinson, for Anchortank, Inc.

Elliott Moore, Deputy Associate Gen. Counsel, Barbara Atkin, Atty., N. L. R. B., Washington, D. C., for the N. L. R. B.

Before TUTTLE, GOLDBERG and RANDALL, Circuit Judges.


GOLDBERG, Circuit Judge:

This case presents a novel and interesting question fit for a law school professor who delights in challenging his students with an issue of subtle complexity: Does an employee have a right to union representation at an interview with his employer that is held during the hiatus between the union's challenged victory in a representation election and its subsequent certification as bargaining representative? As our ensuing discussion will demonstrate...

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