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N. L. R. B. v. DECATUR TRANSFER & STORAGE, INC.

No. 28612.

430 F.2d 763 (1970)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. DECATUR TRANSFER & STORAGE, INC., Respondent.

United States Court of Appeals, Fifth Circuit.

August 21, 1970.

Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Herbert Fishgold, Abigail Cooley Baskir, Jonathan M. Marks, Attys., N. L. R. B., Washington, D. C., Walter C. Phillips, Director, Region 10, N. L. R. B., Atlanta, Ga., for petitioner.

William F. Gardner, N. Lee Cooper, John J. McMahon, Jr., Cabaniss, Johnston, Gardner & Clark, Birmingham, Ala., for respondent.

Before JOHN R. BROWN, Chief Judge, and GEWIN and THORNBERRY, Circuit Judges.

JOHN R. BROWN, Chief Judge:

This case again presents the issue of when a hearing is required in an election certification protest. Believing that none is required here, we enforce the order of the Labor Board.

In September 1968 the Union prevailed in a consent election held by the Board at the plant. The Company then filed a timely objection contending that Roy Estrumse, one of its supervisors, had been an organizer and a campaigner for the Union. The Regional...

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