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RETAIL CLERKS INTERNATIONAL ASSOCIATION v. N. L. R. B.

Nos. 19682, 19766.

373 F.2d 655 (1967)

RETAIL CLERKS INTERNATIONAL ASSOCIATION, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Montgomery Ward & Co., Incorporated, Intervenor. MONTGOMERY WARD & CO., Incorporated, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Retail Clerks International Association, AFL-CIO, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided January 6, 1967.

Attorney(s) appearing for the Case

Mr. Tim L. Bornstein, Washington, D. C., with whom Mr. S. G. Lippman, Washington, D. C., was on the brief, for petitioner in No. 19682 and intervenor in No. 19766.

Mr. Narcisse A. Brown, Chicago, Ill., of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of court, with whom Messrs. John W. Noble, Jr., Chicago, Ill., Frederick M. Rowe and Ronald J. Wilson, Washington, D. C., were on the brief, for petitioner in No. 19766 and intervenor in No. 19682.

Mr. Michael N. Sohn, Washington, D. C., of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Messrs. Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and Warren M. Davison, Attorney, National Labor Relations Board, were on the brief, for respondent.

Before EDGERTON, Senior Circuit Judge, and DANAHER and BURGER, Circuit Judges.

EDGERTON, Senior Circuit Judge.

After extensive hearings before a trial examiner in many localities, the National Labor Relations Board found that Montgomery Ward & Co., Inc. ("the Company") had violated § 8(a) (1) of the National Labor Relations Act, 29 U.S.C. § 158(a) (1), by inducing employees to file union decertification petitions, laying off and threatening to lay off employees for refusing to answer certain questions, and asking them to produce...

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