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N. L. R. B. v. HAMMONDS

No. 11206.

387 F.2d 646 (1967)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. John HAMMONDS and Roy Winegardner, Partners d/b/a 77 Operating Company, d/b/a Holiday Inn Restaurant, Respondents.

United States Court of Appeals Fourth Circuit.

Decided November 14, 1967.

Attorney(s) appearing for the Case

Leon M. Kestenbaum, Atty., N. L. R. B. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Nancy M. Sherman, Atty., N. L. R. B., on the brief), for petitioner.

John C. Egbert, Cincinnati, Ohio (Frost & Jacobs, Cincinnati, Ohio, on the brief), for respondent.

Before BRYAN and WINTER, Circuit Judges, and WOODROW W. JONES, District Judge.

PER CURIAM:

The only aspect of the Board's order of which enforcement is resisted is its direction to bargain. That direction was predicated on the finding that the employers had violated § 8(a) (5) of the Act, and the correctness of that conclusion depended upon the correctness of the Board's determination of the appropriate bargaining unit.

Upon examination of the record as a whole, we find substantial evidence to support the Board's determination that...

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