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N.L.R.B. v. BAYLISS TRUCKING CORPORATION

No. 98, Docket 34467.

432 F.2d 1025 (1970)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. BAYLISS TRUCKING CORPORATION and Bayliss Fuel Oil Corporation, Respondents, and Amalgamated Local Union 355, Intervenor.

United States Court of Appeals, Second Circuit.

Decided October 28, 1970.

Attorney(s) appearing for the Case

Herbert Fishgold, Atty., N. L. R. B. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Herman M. Levy, Atty., and Ian D. Lanoff, Atty., N. L. R. B., of counsel), for petitioner.

Benjamin Mandelker, New York City, for respondents.

Harold Dublirer, New York City (Dublirer, Haydon & Straci, New York City, of counsel), for intervenor.

Before CLARK, Associate Justice, LUMBARD, Chief Judge, and KAUFMAN, Circuit Judge.

IRVING R. KAUFMAN, Circuit Judge:

At a representation election held on June 6, 1968 the employees of respondent Bayliss Fuel Oil Corporation1 (Bayliss) decided to oust their then bargaining agent, Amalgamated Local Union 335 (Amalgamated), and elected to be represented by Teamsters Local 5532 (Teamters) in its stead. Amalgamated received five votes, the Teamsters seven; no employee voted to be represented by...

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