DEPARTMENT STORE FOOD CORP. OF PENNSYLVANIA v. N. L. R. B.

Nos. 17413, 17476.

415 F.2d 74 (1969)

DEPARTMENT STORE FOOD CORP. OF PENNSYLVANIA, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. RETAIL CLERKS INTERNATIONAL ASSOCIATION, LOCAL 1538, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals Third Circuit.

Decided September 10, 1969.


Attorney(s) appearing for the Case

Arnold T. Olena, Hodgson, Russ, Andrews, Woods & Goodyear, Buffalo, N. Y., for Department Store Food Corp. of Pa.

Joseph E. Finley, Metzenbaum, Gaines, Krupansky, Finley & Stern, Cleveland, Ohio, for Retail Clerks International Assn., Local 1538, AFL-CIO.

Angelo V. Arcadipane, N. L. R. B., Washington, D. C. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Leonard M. Wagman, Attys., N. L. R. B., on the brief), for respondent.

Before STALEY, FREEDMAN and ALDISERT, Circuit Judges.


OPINION OF THE COURT

STALEY, Circuit Judge.

We are to decide whether the National Labor Relations Board was warranted in concluding that the Department Store Food Corporation of Pennsylvania (hereinafter "Company") violated Section 8 (a) (2) and (1) of the National Labor Relations Act1 by unlawfully assisting and supporting the organizational efforts of Local 1538, AFL-CIO, of the Retail Clerks International Association (hereinafter...

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