N.L.R.B. v. EAST TEXAS STEEL CASTINGS COMPANY

No. 71-3300 Summary Calendar.

457 F.2d 879 (1972)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. EAST TEXAS STEEL CASTINGS COMPANY, Inc., Respondent.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 18, 1972.


Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., Washington, D. C., Elmer P. Davis, Director, Region 16, N.L.R.B., Fort Worth, Tex., Peter G. Nash, Gen. Counsel, Abigail Cooley Baskir, Edward N. Bomsey, Attys., N.L. R.B., for petitioner.

J. D. McLaughlin, of Fisher, McLaughlin & Harrison, Paris, Tex., for respondent.

Before BELL, DYER, and CLARK, Circuit Judges.


PER CURIAM:

We enforce the order of the Board in this matter. We find ample support in the record for the conclusion that the employer refused to sign an agreement with the certified bargaining representative of the employees although agreement was reached as to the terms and the employer was requested to sign. The trial examiner found apparent authority in counsel for the employer to negotiate the agreement and bind the employer therein. The employer did not except...

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