NATIONAL LABOR RELATIONS BD. v. ALLIED FOODS

No. 71-3202. Summary Calendar.

456 F.2d 1286 (1972)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ALLIED FOODS, INC., Respondent.

United States Court of Appeals, Fifth Circuit.

March 27, 1972.


Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, N. L. R. B., Washington, D. C., Walter C. Phillips, Director, Region 10, N. L. R. B., Atlanta, Ga., for petitioner.

William M. Pate, Atlanta, Ga., for respondent.

Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.


PER CURIAM:

The basic issue is whether the National Labor Relations Board properly found that the Company violated § 8(a)(5) and (1) of the Act [29 U.S.C., § 151 et seq.] by refusing to bargain with the Union. The underlying issue, of course, is whether the Board properly certified the Union. The Company challenged the validity of an election which was held on May 7, 1970, after a final operative petition was filed on February 17, 1970 [superseding prior...

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