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N. L. R. B. v. ATHBRO PRECISION ENGINEERING CORP.

No. 7420.

423 F.2d 573 (1970)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ATHBRO PRECISION ENGINEERING CORP., Respondent.

United States Court of Appeals, First Circuit.

Decided February 6, 1970.

Memorandum and Order March 12, 1970.

Attorney(s) appearing for the Case

Warren M. Davison, Attorney, Washington, D. C., with whom Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Linda Sher, Atty., Washington, D. C., were on brief, for petitioner.

Harold N. Mack, Boston, Mass., with whom Morgan, Brown, Kearns & Joy, Boston, Mass., was on brief, for respondent.

Before ALDRICH, Chief Judge, WOODBURY Senior Circuit Judge, McENTEE, Circuit Judge.

ALDRICH, Chief Judge.

The ultimate question in this Section 8(a) (5) and (1) case is the validity of the NLRB's certification of a union election in a Massachusetts company, Athbro Precision Engineering Corporation, respondent herein. The Board originally set the election aside because, during a recess between voting, the Board agent in charge drank beer with the union representative in a public cafe, contrary to Board instructions. Because they were not seen by any...

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