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N. L. R. B. v. GROENDYKE TRANSPORT, INC.

No. 8571.

372 F.2d 137 (1967)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. GROENDYKE TRANSPORT, INC., Respondent, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Local No. 961, Intervenors.

United States Court of Appeals Tenth Circuit.

Rehearing Denied March 1, 1967.

Attorney(s) appearing for the Case

Marcus W. Sisk, Washington, D. C. (Arnold Ordman, Dominick L. Manoli, Marcel Mallet-Prevost and Warren M. Davison, Washington, D. C., with him on brief), for petitioner.

Payne H. Ratner, Wichita, Kan., for respondent.

John A. Criswell, of Myrick, Criswell & Branney, Englewood, Colo., for intervenors.

Before MURRAH, Chief Judge, PHILLIPS, Circuit Judge, and CHILSON, District Judge.

MURRAH, Chief Judge.

In this petition to enforce an N. L. R. B. § 8(a) (5) and (1) unfair labor practice order to bargain with the duly elected and certified representative of the employees the respondent employer challenges (1) the appropriateness of the bargaining unit and (2) the validity of the balloting in the representation election pursuant to which the charging and intervening union was certified as the bargaining agent.

In the 9(c) representation...

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