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ROCK-HILL-URIS, INC. v. McLEOD

No. 414, Docket 29432.

344 F.2d 697 (1965)

ROCK-HILL-URIS, INC., and Hilton Hotels Corporation, Plaintiffs-Appellants, v. Ivan C. McLEOD, as Regional Director of the National Labor Relations Board, Second Region, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided April 20, 1965.

Attorney(s) appearing for the Case

Sidney Orenstein, of Drechsler & Leff, New York City (Mortimer Horowitz, Herbert Ferster, New York City, on the brief), for plaintiffs-appellants.

George H. Cohen, Atty., National Labor Relations Board (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Solomon I. Hirsh, Washington, D. C., Samuel Kaynard, New York City, on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, and SWAN and KAUFMAN, Circuit Judges.

PER CURIAM:

The plaintiffs, in this action to enjoin a representation election, have failed to establish a direct violation of the specific prohibition in Section 9(b) (3) of the National Labor Relations Act, 29 U.S.C. § 159(b) (3), which bars the National Labor Relations Board from certifying any labor organization "as the representative of employees in a bargaining unit of guards if such organization admits to membership, or is affiliated directly...

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