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M. R. & R. TRUCKING COMPANY v. N. L. R. B.

No. 28383.

434 F.2d 689 (1970)

M. R. & R. TRUCKING COMPANY, Petitioner, Cross Respondent, v. The NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

November 24, 1970.

Attorney(s) appearing for the Case

Warner S. Currie, Albert E. Phillips, Swift, Currie, McGhee & Hiers, Atlanta, Ga., for petitioner.

Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., Washington, D. C., Harold A. Boire, Director, N.L.R.B., Region 12, Tampa, Fla., Angelo V. Arcadipane, Atty., N.L.R.B., Washington, D. C., Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Abigail Cooley Baskir, Atty., N.L.R.B., for respondent.

Before GODBOLD, DYER, and MORGAN, Circuit Judges.

GODBOLD, Circuit Judge:

The principal issue on this appeal is whether in the period July 2, 1967 to January 2, 1968 MR & R refused to bargain in good faith and engaged in mere surface bargaining with the union,1 in violation of §§ 8(a) (5) and 8(a) (1).

The union was certified in October, 1965 as representative of a unit of approximately 30 local drivers, dockmen and helpers, including part-time "casual" employees...

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