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SHELL OIL COMPANY v. N. L. R. B.

No. 71-1741.

457 F.2d 615 (1972)

SHELL OIL COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Ninth Circuit.

March 24, 1972.

Attorney(s) appearing for the Case

David M. Heilbron (argued), Gary H. Moore, of McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., William T. Wise, Houston, Tex., for petitioner.

John R. Tadlock, Denver, Colo., for the charging party.

Daniel M. Katz (argued) Elliott Moore, Marcel Mallet-Prevost, Asst. Gen. Counsel, Peter G. Nash, Gen. Counsel, NLRB, Washington, D. C., for respondent.

Before CHAMBERS and WRIGHT, Circuit Judges, and BYRNE, District Judge.

WRIGHT, Circuit Judge:

This case is before us on a petition to review and a cross-application for enforcement of an order of the National Labor Relations Board. The Board found that Shell Oil Company refused to bargain with the Oil, Chemical and Atomic Workers International Union. We decline to enforce the Board's order.

I.

For more than thirty years the Union has been the certified representative of a bargaining...

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