N. L. R. B. v. DEWEY PORTLAND CEMENT CO.

No. 7620.

336 F.2d 117 (1964)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. DEWEY PORTLAND CEMENT COMPANY, DIVISION OF MARTIN MARIETTA CORPORATION, Respondent.

United States Court of Appeals Tenth Circuit.

September 2, 1964.


Attorney(s) appearing for the Case

Paula Omansky, Washington, D. C. (Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and Warren M. Davison, Washington, D. C., on the brief), for petitioner.

Robert E. Ackerberg, Chicago, Ill. (Schiff, Hardin, Waite, Dorschel & Britton, Chicago, Ill., of counsel, on the brief), for respondent.

Before PICKETT, LEWIS and HILL, Circuit Judges.


LEWIS, Circuit Judge.

The National Labor Relations Board seeks enforcement of an order issued June 5, 1963, the substance of which would require respondent to bargain collectively with United Cement, Lime and Gypsum Workers International Union, AFL-CIO, as the exclusive bargaining representative of the company's production and maintenance employees. Respondent admits its refusal to bargain but denies the commission of an unfair labor practice under section 8(a) (5...

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