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N. L. R. B. v. CEDAR HILLS THEATRES, INC.

No. 27221.

417 F.2d 612 (1969)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. CEDAR HILLS THEATRES, INC.; Fenton Theatres, Inc.; M & E Land Company, Inc.; Pine Drive-In Theatres, Inc.; and Free-Lance Film Company, Inc., Respondents.

United States Court of Appeals Fifth Circuit.

October 30, 1969.

Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, N. L. R. B., Washington, D. C., Harold A. Boire, Director, N. L. R. B., Tampa, Fla., William H. Carder, Atty., N. L. R. B., Washington, D. C., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Glen M. Bendixsen, Atty., N. L. R. B., for petitioner.

David A. Bartholf, Hamilton & Bowden, Jacksonville, Fla., for respondents.

Before TUTTLE, WISDOM and BELL, Circuit Judges.

PER CURIAM:

This is a petition by the Board for enforcement of its order against respondents, requiring them to bargain, notwithstanding a failure of a majority of the several bargaining units (3-3 vote) to favor the union, I.A.T.S.E.

The law of cases of this type has been clarified by the recent Supreme Court decision in N. L. R. B. v. Gissel Packing Co., 395 U.S. 575, 89 S.Ct. 1918, 23 L.Ed. 2d 547 (1969).

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