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CROSS BAKING COMPANY v. N. L. R. B.

No. 71-1185.

453 F.2d 1346 (1971)

CROSS BAKING COMPANY, Inc., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, First Circuit.

Decided December 2, 1971.

Rehearing Denied December 30, 1971.

Attorney(s) appearing for the Case

Martin F. Payson, New York City, with whom Robert Lewis, Roger S. Kaplan, and Jackson, Lewis, Schnitzler & Krupman, New York City, were on brief, for petitioner.

Warren M. Davison, Deputy Asst. Gen. Counsel, with whom Peter G. Nash, Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Edward P. Wendel, Atty., Washington, D. C., were on brief, for respondent.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

The employer's basic defense to this section 8(a) (5) and (1) refusal to bargain case is that the union certification was improper. It assigns two reasons.

1. Fear and Coercion. On November 18, 1968 an incident occurred on a public street in which one Patricia Von Dreden, as the principal actor, and another, assaulted two others, all being employees of the company, because they refused...

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