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

No. 25691.

403 F.2d 889 (1968)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SMITH INDUSTRIES, INC., Respondent.

United States Court of Appeals Fifth Circuit.

November 12, 1968.


Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, William Wachter, William H. Carder, Abigail Baskier, Attys., N. L. R. B., Washington, D. C., for petitioner.

Louis B. Paine, Jr., Houston, Tex., Thomas R. Beech, Washington, D. C., for respondent; Butler, Binion, Rice, Cook & Knapp, Houston, Tex., of counsel.

Before GOLDBERG and AINSWORTH, Circuit Judges, and SPEARS, District Judge.


AINSWORTH, Circuit Judge:

The question for decision is whether the National Labor Relations Board erred in granting summary judgment against the employer in the company's challenge to a collective bargaining representation election at which the union prevailed, without affording a formal hearing on the employer's objections to the election, and whether the denial of the requested hearing constituted a deprivation of constitutional due process of law. We hold that...

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