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N. L. R. B. v. MONROE AUTO EQUIPMENT CO., HARTWELL DIV.

No. 25867.

406 F.2d 177 (1969)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. MONROE AUTO EQUIPMENT COMPANY, HARTWELL DIVISION, Respondent.

United States Court of Appeals Fifth Circuit.

January 17, 1969.

Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, Herbert Fishgold, Atty., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Lawrence M. Joseph, Atty., N.L.R.B. Washington, D. C., for petitioner.

John E. Tate, Lincoln, Neb., Joseph S. Skelton, Hartwell, Ga., Nelson, Harding, Leonard & Tate, Lincoln, Neb., for respondent.

Before BELL, COLEMAN and MORGAN, Circuit Judges.

COLEMAN, Circuit Judge:

The sole issue in this case is whether the Board properly found, in the absence of a hearing, that the Company violated § 8(a) (5) and (1) of the National Labor Relations Act by refusing to bargain with the certified representative of its employees.

The Board petitions for the enforcement of its order dated May 25, 1967, 164 N.L.R.B. No. 144. On both the law and the facts, the case is strikingly parallel to N.L.R.B. v. Smith Industries...

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