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NATIONAL LABOR RELATIONS BOARD v. CHAUTAUQUA HARDWARE CORP.

No. 83, Docket 22805.

208 F.2d 750 (1953)

NATIONAL LABOR RELATIONS BOARD. v. CHAUTAUQUA HARDWARE CORP.

United States Court of Appeals Second Circuit.

Decided December 18, 1953.

Attorney(s) appearing for the Case

George J. Bott, Gen. Counsel, David P. Findling, Associate Gen. Counsel, A. Norman Somers, Asst. Gen. Counsel, Frederick U. Reel and Robert E. Miller, Attorneys, Washington, D. C., for petitioner.

J. Russell Rogerson, Jamestown, N. Y., Bond, Schoeneck & King, Lyle W. Hornbeck, Syracuse, for respondent.

Before SWAN, FRANK and MEDINA, Circuit Judges.

SWAN, Circuit Judge.

This case lies within very narrow compass. Decision must turn on the motive of the respondent in refusing two employees permission to take time off on the afternoon of April 25, 1952, and in laying them off for the week beginning April 28th because they left work on the 25th without permission. Prior to April 25th the company had had a liberal policy of granting requests for time off. On April 9th two employees, Jerder and Olson, who constituted...

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