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INTERNATIONAL TEL. & TEL. CORP., IND. PROD. DIV. v. N. L. R. B.

No. 17109.

294 F.2d 393 (1961)

INTERNATIONAL TELEPHONE AND TELEGRAPH CORPORATION, INDUSTRIAL PRODUCTS DIVISION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals Ninth Circuit.

August 28, 1961.

Attorney(s) appearing for the Case

John F. O'Hara and Anthony T. Oliver, Jr., Los Angeles, Cal., for petitioner and respondent.

Stuart Rothman, Gen. Counsel, Dominick L. Manoli, Asso. Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Frederick U. Reel and Russell Specter, attys., National Labor Relations Board Washington, D. C., and Daniel J. Harrington, Los Angeles, Cal., for respondent and petitioner.

Before BARNES and MERRILL, Circuit Judges, and CROCKER, District Judge.

CROCKER, District Judge.

This petition for review of a final order of the National Labor Relations Board and cross-petition for enforcement raise the question of whether or not a company employer can defend an unfair labor practice charge for failing to bargain collectively by asserting that the employee representative was not validly elected in that two employees, through company inadvertence, were not given an opportunity to vote during their working hours as were...

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