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RETAIL, WHOLESALE, & DEPARTMENT STORE UNION v. N. L. R. B.

Nos. 20440, 20498.

385 F.2d 301 (1967)

RETAIL, WHOLESALE, AND DEPARTMENT STORE UNION, AFL-CIO, and International Ladies' Garment Workers Union, AFL-CIO, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Saks & Company, Intervenor. SAKS & COMPANY, a corporation, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Retail, Wholesale, and Department Store Union, AFL-CIO, and International Ladies' Garment Workers Union, AFL-CIO, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided September 14, 1967.

Attorney(s) appearing for the Case

Mr. Jerry D. Anker, Washington, D. C., with whom Mr. David E. Feller, Washington, D. C., was on the brief, for petitioners in No. 20,440 and intervenors in No. 20,498.

Mr. Eugene H. Gordon, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Mr. Michael G. Kushnick, Washington, D. C., was on the brief, for petitioner in No. 20,498 and intervenor in No. 20,440.

Mr. John D. Burgoyne, Atty., N.L.R.B., with whom Messrs. Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Mrs. Nancy M. Sherman, Atty., N.L.R.B., were on the brief, for respondent.

Before DANAHER, WRIGHT and ROBINSON, Circuit Judges.

J. SKELLY WRIGHT, Circuit Judge.

These consolidated appeals are before the court on two petitions to review one decision and order of the National Labor Relations Board issued against Saks and Company, holding that Saks violated Sections 8(a) (1) and (5)1 of the National Labor Relations Act in refusing to bargain with the unions certified by the Board as representing the non-selling employees at the Saks store in Chicago.

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