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FOOD STORE EMP. U., LOCAL 347, A. M. C. & B. W. v. N. L. R. B.

No. 21939.

422 F.2d 685 (1969)

FOOD STORE EMPLOYEES UNION, LOCAL 347, AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, AFLCIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, G. C. Murphy Co., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided June 3, 1969.

Attorney(s) appearing for the Case

Mr. Charles Orlove, Chicago, Ill., of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of court, with whom Messrs. Mozart G. Ratner, Washington, D. C., and Albert Gore, Chicago, Ill., were on the brief, for petitioner.

Mr. Elliott Moore, Atty., National Labor Relations Board, with whom Messrs. Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and Morton Namrow, Atty., National Labor Relations Board, were on the brief, for respondent.

Mr. Donald C. Bush, Pittsburgh, Pa., for intervenor.

Before BAZELON, Chief Judge, McGOWAN and TAMM, Circuit Judges.

BAZELON, Chief Judge:

The Food Stores Employees Union, Local 347, Amalgamated Meat Cutters and Butcher Workers of North America, claims that the National Labor Relations Board acted arbitrarily and capriciously in rejecting the conclusion of its trial examiner that the G. C. Murphy Company violated Section 8(a) (5) and (1) of the National Labor Relations Act1 by refusing to recognize it as the representative of the employees in an appropriate...

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