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N. L. R. B. v. LOCAL 50, AMERICAN BAKERY & CONFECTION. WKRS. U.

No. 96, Docket 28691.

339 F.2d 324 (1964)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. LOCAL 50, AMERICAN BAKERY & CONFECTIONERY WORKERS UNION, AFL-CIO, Respondent.

United States Court of Appeals Second Circuit.

Decided November 24, 1964.

Attorney(s) appearing for the Case

Stephen B. Goldberg, N. L. R. B. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, N. L. R. B., Melvin J. Welles, Allen M. Hutter, Washington, D. C., on the brief), for petitioner.

Howard N. Meyer, of O'Dwyer & Bernstien, New York City, for respondent.

Before FRIENDLY, KAUFMAN and ANDERSON, Circuit Judges.

KAUFMAN, Circuit Judge:

We are called upon here to decide whether certain union action caused an employer to make a "discriminatory" decision, the ultimate effect of which was to "encourage" or "discourage" union membership. The problem is before us on the National Labor Relations Board's petition for enforcement of its order, based upon a trial examiner's findings and conclusions that Local 50, American Bakery & Confectionery Workers Union, AFL-CIO (the Union...

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