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N. L. R. B. v. STEVENSON BRICK AND BLOCK COMPANY

No. 11362.

393 F.2d 234 (1968)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. STEVENSON BRICK AND BLOCK COMPANY, General Wholesale Building Supply Company, New Bern Building Supply Company and Ready-Mix Concrete Corp., Respondent.

United States Court of Appeals Fourth Circuit.

Decided March 29, 1968.

Attorney(s) appearing for the Case

Arthur A. Horowitz, Atty., N. L. R. B. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Lawrence M. Joseph, Atty., N. L. R. B., on brief), for petitioner.

J. W. Alexander, Jr., Charlotte, N. C. (Blakeney, Alexander & Machen, Charlotte, N. C., and Barden, Stith, McCotter & Suggs, New Bern, N. C., on brief), for respondent.

Before SOBELOFF, BOREMAN and WINTER, Circuit Judges.

SOBELOFF, Circuit Judge:

The controlling question here is whether substantial evidence supports the Labor Board's finding that the employer1 has refused to bargain in good faith in violation of section 8(a) (5), 29 U.S.C. § 158(a) (5). If, as the Board found, the employer was guilty of this unfair labor practice, and if the strike that occurred while the parties were engaged in collective...

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