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BENDIX-WESTINGHOUSE AUTO. AIR BRAKE CO. v. N. L. R. B.

No. 20754.

443 F.2d 106 (1971)

BENDIX-WESTINGHOUSE AUTOMOTIVE AIR BRAKE COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Sixth Circuit.

May 25, 1971.

Attorney(s) appearing for the Case

Thomas J. Quigley, Cleveland, Ohio, for petitioner; Squire, Sanders & Dempsey, Cleveland, Ohio, C. F. Donnelly, B. G. Andrews, C. E. Wasmuth, Jr., Southfield, Mich., on brief.

Herbert Fishgold, N. L. R. B., Washington, D.C., for respondent; Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Thomas E. Silfen, Corinna Lothar Metcalf, Attys., N. L. R. B., Washington, D.C., on brief.

Before McCREE, BROOKS, and MILLER, Circuit Judges.

McCREE, Circuit Judge.

We consider a petition by Bendix-Westinghouse Automotive Air Brake Company to review and set aside an order of the National Labor Relations Board, and respondent's cross-application for enforcement of its order.

The Board found that a provision of petitioner's Salaried Employee's Savings and Stock Ownership Plan excluded union-represented employees from continued participation therein and therefore violated Section 8(a) (1) of the National...

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