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N.L.R.B. v. HARDY-HERPOLSHEIMER DIV., ALLIED STORES, MICH.

No. 71-1396.

453 F.2d 877 (1972)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. HARDY-HERPOLSHEIMER DIVISION OF ALLIED STORES OF MICH., INC., et al., Respondents, and Retail Store Employees Union, Local 20, RCIA, AFL-CIO, Intervening Petitioner.

United States Court of Appeals, Sixth Circuit.

January 21, 1972.

Attorney(s) appearing for the Case

Paul J. Spielberg, Atty., N.L.R.B., Washington, D.C., for petitioner; Eugene G. Goslee, Acting Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Baruch A. Fellner, Attys., N.L.R.B., Washington, D.C., on brief.

Theodore Sachs, Detroit, Mich., for intervenor; Rothe, Marston, Mazey, Sachs, O'Connell, Nunn & Freid, Detroit, Mich., on brief.

John W. Cummiskey, Grand Rapids, Mich., for respondents; Miller, Johnson, Snell & Cummiskey, Grand Rapids, Mich., on brief.

Before WEICK, PECK and MILLER, Circuit Judges.

PER CURIAM.

In this proceeding to enforce a bargaining order of the Board, the employer contends that the second representation election, in which the union won by only two votes, was invalid and hence it (the employer) was under no obligation to bargain.

The sole issue in the case is whether the Board improperly resolved challenges to four ballots cast in the representation election. The union had challenged the ballots cast by employees Broek and Norris...

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