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KORN INDUSTRIES, INC. v. N. L. R. B.

No. 11041.

389 F.2d 117 (1967)

KORN INDUSTRIES, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. International Union, United Furniture Workers of America, AFL-CIO, Intervenor.

United States Court of Appeals Fourth Circuit.

Decided December 11, 1967.

Attorney(s) appearing for the Case

Karl W. McGhee, Wilmington, N. C. (Ellis L. Aycock, and Stevens, Burgwin, McGhee & Ryals, Wilmington, N. C., on brief), for petitioner.

Alan D. Eisenberg, Attorney, N.L.R.B. (Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and George B. Driesen, Attorney, N.L.R.B., on brief), for respondent.

Martin Raphael, New York City, for intervenor.

Before SOBELOFF, BRYAN and BUTZNER, Circuit Judges.

BUTZNER, Circuit Judge:

This case is before the court upon Korn Industries' petition to review and set aside an order of the National Labor Relations Board and the Board's cross petition to enforce its order. The first question is whether the company refused to bargain in good faith by:

(a) unilaterally instituting, without first bargaining to impasse during negotiations, a wage system which included a general wage...

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