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N. L. R. B. v. BROWN LUMBER CO.

No. 15515.

336 F.2d 641 (1964)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. BROWN LUMBER CO., Respondent.

United States Court of Appeals Sixth Circuit.

September 30, 1964.

Attorney(s) appearing for the Case

Duane R. Batista, N. L. R. B., Washington, D. C., for petitioner, Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Lee A. Modjeska, Atty., N. L. R. B., Washington, D. C., on the brief.

Andrew Michaels, Akron, Ohio, for respondent, Roetzel, Hunsicker & Michaels, Akron, Ohio, on the brief.

Before WEICK, Chief Judge, and O'SULLIVAN and EDWARDS, Circuit Judges.

WEICK, Chief Judge.

This case presents questions concerning the validity of an election conducted by the Board in the course of which the Board's agent voided a single ballot that affected the result. The labor union that won the election was certified by the Board as bargaining agent of Brown Lumber Company's employees. The Company refused to bargain with this Union on the ground that the ballot should not have been voided and the election was, therefore, invalid...

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