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COCKER SAW COMPANY v. N. L. R. B.

Nos. 896, 897, Dockets 35697, 71-1168.

446 F.2d 870 (1971)

COCKER SAW COMPANY, Inc., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Second Circuit.

Decided July 7, 1971.

Attorney(s) appearing for the Case

Richard L. Wolf, Buffalo, N. Y. (Randall M. Odza and Jaeckle, Fleischmann & Mugel, Buffalo, N. Y., on the brief), for petitioner.

Warren M. Davidson, Atty., N.L.R.B., Washington, D. C. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Paul J. Spielberg, Atty., N.L.R.B., Washington, D. C., on the brief), for respondent.

Before LUMBARD and KAUFMAN, Circuit Judges, and TIMBERS, District Judge.

TIMBERS, District Judge:

In December 1969, District No. 76, International Association of Machinists and Aerospace Workers, AFL-CIO (the Union), won a Board-conducted election and was certified as the exclusive bargaining representative of the employees of Cocker Saw Company, Inc. (the Company). The Union thereupon requested the Company to begin negotiations toward a collective bargaining agreement.

In February 1970, the Company was presented with a paper,...

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