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WESTERN MONOLITHICS CONCRETE PRODUCTS, INC. v. N. L. R. B.

No. 25169.

446 F.2d 522 (1971)

WESTERN MONOLITHICS CONCRETE PRODUCTS, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Ninth Circuit.

July 21, 1971.

Attorney(s) appearing for the Case

Robert Tollen (argued), San Francisco, Cal., Philip J. Smith, Paul Paduck, of Smith, Paduck, Clancy & Wright, Oakland, Cal., for real party in interest Bricklayers' & Stone Masons' Union, Local No. 8, and others.

Baruch A. Fellner (argued), Glen M. Bendixsen, Attys., Marcel Mallet-Prevost, Asst. Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Arnold Ordman, Gen. Counsel, N. L. R. B., Washington, D. C., Roy O. Hoffman, Director, N. L. R. B., San Francisco, Cal., for respondent.

Chickering & Gregory, San Francisco, Cal., for petitioner.

Before DUNIWAY, WRIGHT and KILKENNY, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

This is a petition to review a decision of the National Labor Relations Board. The petition to review is granted and the order of the Board modified.

I. THE FACTUAL BACKGROUND.

Petitioner Western Monolithics (doing business as California Concrete Systems) manufactures prefabricated masonry fireplaces. Its employees are represented by Local 10 of the Bricklayers' and Stone Masons' Union, a sister group to Local 8 of...

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