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N. L. R. B. v. MRAK COAL COMPANY

No. 18575.

322 F.2d 311 (1963)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. MRAK COAL COMPANY, Inc., Respondent.

United States Court of Appeals Ninth Circuit.

September 9, 1963.

Attorney(s) appearing for the Case

Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Elliott Moore, Robert A. Armstrong and Charles Henderson, Attys., N. L. R. B., Washington, D. C., for petitioner.

Burr, Boney & Pease and D. A. Burr, Anchorage, Alaska, for respondent.

Before BARNES, HAMLEY and JERTBERG, Circuit Judges.

BARNES, Circuit Judge.

This is a petition to enforce the Board's order based on a finding that respondent violated § 8(a) (1) and (3) of the Act,1 by discharging one Gary Smart for his action as financial secretary of a union in removing August 2, 1961 the names of three foremen from the check-off list, as "nonmembers" of the said union. One of the three was Smart's boss, Wayne Kanack. The union was the collective bargaining representative...

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