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N.L.R.B. v. JACKSON FARMERS, INC.

No. 43-70.

432 F.2d 1042 (1970)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. JACKSON FARMERS, INC. (Formerly Farmers Union Co-Operative Business Association), Respondent.

United States Court of Appeals, Tenth Circuit.

September 30, 1970.

Attorney(s) appearing for the Case

Janet Skaare Morris (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Elliott Moore, Atty., N.L.R.B.), for petitioner.

William G. Haynes, of Eidson, Lewis, Porter & Haynes, Topeka, Kan., for respondent.

Before JONES, BREITENSTEIN, and HOLLOWAY, Circuit Judges.

BREITENSTEIN, Circuit Judge.

In this proceeding to enforce an order of the National Labor Relations Board, the respondent, Jackson Farmers, Inc., refused to bargain in order to test the validity of the certification of collective bargaining units. The Board found that the Company had violated § 8(a) (5) and (1) of the National Labor Relations Act, 29 U.S.C. § 158(a) (5) and (1). See 178 NLRB No. 56.

In various Kansas small towns the Company operates...

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