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WESTINGHOUSE ELECTRIC & MFG. CO. v. NATIONAL L. R. BOARD

No. 289.

112 F.2d 657 (1940)

WESTINGHOUSE ELECTRIC & MANUFACTURING CO. v. NATIONAL LABOR RELATIONS BOARD.

Circuit Court of Appeals, Second Circuit.

June 10, 1940.

Attorney(s) appearing for the Case

Harold Smith, C. A. Reinwald, Donald C. Swatland, and Roswell L. Gilpatric, all of New York City (Cravath, De Gersdorff, Swaine & Wood, of New York City, of counsel), for petitioner.

Charles Fahy, Gen. Counsel, Robert B. Watts, Associate Gen. Counsel, Laurence A. Knapp, Asst. Gen. Counsel, and Ruth Weyand, Mortimer B. Wolf, and Morris L. Forer, all of Washington, D. C., for National Labor Relations Board.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

This case comes up upon a petition by the employer to review a "cease and desist" order of the Labor Board; and upon a petition of the Board for an order of enforcement. The conduct which the Board found unlawful principally concerned the change from a "Plan" of collective bargaining, instituted before the National Labor Relations Act was passed, to the formation in its place at the respondent's Bloomfield plant, of an unaffiliated union, called...

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