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N. L. R. B. v. TOM JOHNSON, INC.

No. 21027.

378 F.2d 342 (1967)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. TOM JOHNSON, INC., Respondent.

United States Court of Appeals Ninth Circuit.

May 17, 1967.

Attorney(s) appearing for the Case

Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Warren M. Davison, Harold B. Shore, Attys., NLRB, Washington, D. C., Roy O. Hoffman, Director, NLRB, San Francisco, Cal., for appellant.

Peter I. Breen, Reno, Nev., for appellee.

Before POPE, HAMLEY and DUNIWAY, Circuit Judges.

DUNIWAY, Circuit Judge:

The National Labor Relations Board petitions for enforcement of its order. Two questions are presented. (1) Whether respondent violated section 8(a) (1) and (5) of the National Labor Relations Act as amended (29 U.S.C. § 158(a) (1) and (5)) by bargaining directly with certain of its employees and by unilaterally changing its employees' conditions of employment without consulting the union at a time when the union was the authorized bargaining...

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