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SIGN AND PICTORIAL U. LOCAL 1175, B. OF P., D. & P. v. N. L. R. B.

No. 22274.

419 F.2d 726 (1969)

SIGN AND PICTORIAL UNION LOCAL 1175, BROTHERHOOD OF PAINTERS, DECORATORS AND PAPERHANGERS OF AMERICA, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Webster Outdoor Advertising Co., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided September 23, 1969.

As Amended October 23, 1969.

Attorney(s) appearing for the Case

Mr. William B. Peer, Washington, D. C., with whom Messrs. Seymour A. Gopman, Miami Beach, Fla., and David S. Barr, Washington, D. C., were on the brief, for petitioner.

Mrs. Marjorie S. Gofreed, Attorney, National Labor Relations Board, of the bar of the Court of Appeals of Maryland, pro hac vice, by special leave of court, with whom Messrs. Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Assistant General Counsel, and Glen M. Bendixsen, Attorney, National Labor Relations Board, were on the brief, for respondent. Mr. Jonathan M. Marks, Attorney, National Labor Relations Board, also entered an appearance for respondent.

Mr. Ray C. Muller, Miami, Fla., for intervenor.

Before FAHY, Senior Circuit Judge, and LEVENTHAL and ROBB, Circuit Judges.

ROBB, Circuit Judge:

This is a petition to review and set aside a final order of the National Labor Relations Board. The parties have stipulated that the only issue presented is whether the Board properly refused to find the Webster Outdoor Advertising Company (the Company) bargained in bad faith in violation of Section 8(a) (5) and (1) of the National Labor Relations Act, as amended. 29 U.S.C. Secs. 158(a) (5), 158(a) (1) (1964).1

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