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SILBAUGH v. N. L. R. B.

No. 23478.

429 F.2d 761 (1970)

Alvin SILBAUGH, Jr., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Kroger Co., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 5, 1970.

Attorney(s) appearing for the Case

Mr. James C. Paradise, Cincinnati, Ohio, for petitioner.

Mr. Warren Davison, Attorney, National Labor Relations Board, for respondent. Messrs. Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and Robert A. Giannasi, Attorney, National Labor Relations Board, were on the brief for respondent.

Messrs. George A. Leonard, Cincinnati, Ohio, Edward E. Wall, Cincinnati, Ohio, and George F. Lynch, Cleveland, Ohio, were on the brief for intervenor.

Before FAHY, Senior Circuit Judge, and ROBINSON and ROBB, Circuit Judges.

FAHY, Senior Circuit Judge:

The Labor Board, with two of its members in dissent, agreed with the Trial Examiner and dismissed a complaint charging Intervenor, the Kroger Company (Cleveland Division), with violating Sections 8(a)(1)1 and 8(a)(3)2 of the Labor Act. The complaint alleged the Company had discharged eight and had disciplined 165 other employees for participating in a strike against the Company in...

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