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FOOD STORE EMP. U., LOC. 347, AMAL. MEAT CUT., ETC. v. N. L. R. B.

Nos. 21809, 21921.

418 F.2d 1177 (1969)

FOOD STORE EMPLOYEES UNION, LOCAL 347, AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. HECK'S, INC., Respondent, Food Store Employees Union, Local 347, Amalgamated Meat Cutters and Butcher Workmen of North America, AFL-CIO, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided July 18, 1969.

Attorney(s) appearing for the Case

Miss Judith A. Lonnquist, Chicago, Ill., with whom Messrs. Mozart G. Ratner, Washington, D. C., and Albert Gore, Chicago, Ill., were on the brief, for petitioner in No. 21,809 and intervenor in No. 21,921.

Mr. Arthur A. Horowitz, Attorney, National Labor Relations Board, of the bar of the Court of Appeals of New York, 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 Mrs. Nancy M. Sherman, Attorney, National Labor Relations Board, were on the brief, for respondent in No. 21,809 and petitioner in No. 21,921.

Mr. Frederick F. Holroyd, Charleston, W. Va., with whom Mr. George V. Gardner, Washington, D. C., was on the brief, for respondent in No. 21,921.

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

McGOWAN, Circuit Judge:

These cases arose out of the organizational efforts of the Food Store Employees Union, Local 347 ("Union") in the St. Albans, West Virginia, retail store of Heck's, Inc. ("Company"). The National Labor Relations Board, after an unfair labor practice proceeding, decided below that the Company had

(a) violated Section 8(a) (1) of the National Labor Relations Act

(1) by promulgating and enforcing an unlawfully broad no-solicitation...

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