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N. L. R. B. v. GREAT ATLANTIC AND PACIFIC TEA COMPANY

No. 25922.

409 F.2d 296 (1969)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. The GREAT ATLANTIC AND PACIFIC TEA COMPANY, Inc., Respondent.

United States Court of Appeals Fifth Circuit.

March 25, 1969.

Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, Gary Green, Atty., NLRB, Washington, D. C., for petitioner.

David A. Bartholf, Jacksonville, Fla., for respondent.

Before WISDOM, THORNBERRY and GOLDBERG, Circuit Judges.

THORNBERRY, Circuit Judge:

The Board petitions for enforcement of an order issued against the Great Atlantic and Pacific Tea Company for the commission of two unfair labor practices. The first involves a finding by the Board that the Company violated Section 8(a) (3) and (1) of the National Labor Relations Act, 29 U.S.C. § 158(a) (3) and (1), by announcing the award of a new employment benefit when a Board election was pending, and by granting that benefit to...

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