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N. L. R. B. v. MYCA PRODUCTS DIVISION OF KANE COMPANY

No. 16203.

352 F.2d 511 (1965)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. MYCA PRODUCTS DIVISION OF the KANE COMPANY, Respondent.

United States Court of Appeals Sixth Circuit.

November 12, 1965.

Attorney(s) appearing for the Case

Anthony J. Obadal, Atty., N. L. R. B., Washington, D. C., for petitioner, Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Warren M. Davison, Atty., N. L. R. B., Washington, D. C., on the brief.

Edward J. Simerka, Cleveland, Ohio, for respondent, Stanley, Smoyer & Schwartz, Cleveland, Ohio, on the brief.

Before WEICK, Chief Judge, and CONNELL and MACHROWICZ, District Judges.

PER CURIAM.

The question here involves the validity of a representation election conducted by the Board, which was won by the union. A change in only three votes would have resulted in the union losing the election.

Following certification of the election by the Board, MYCA refused to bargain with the union in order that it might litigate the validity of the election. This resulted in charges of unfair labor practices being filed by the union against MYCA...

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