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NATIONAL LABOR RELATIONS BOARD v. VICTOR RYCKEBOSCH, INC.

No. 71-2604.

471 F.2d 20 (1972)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. VICTOR RYCKEBOSCH, INC., Respondent.

United States Court of Appeals, Ninth Circuit.

November 28, 1972.

Attorney(s) appearing for the Case

Michael Winer, Atty. (argued), Robert A. Giannasi, Atty., Marcel Mallet-Prevost, Asst. Gen. Counsel, Washington, D. C., Abraham Siegel, Director, NLRB, Region 31, Los Angeles, Cal., for petitioner.

Wayne Jett (argued), George M. Cox, John H. Stephens, of Cox, Castle, Nicholson & Weekes, Gerald Goldman, Los Angeles, Cal., for respondent.

Before MERRILL and GOODWIN, Circuit Judges, and SKOPIL, District Judge.

ALFRED T. GOODWIN, Circuit Judge:

The National Labor Relations Board petitions for enforcement of an order which would require Ryckebosch to bargain with the union representing truck drivers. Ryckebosch claims the employees are within the "agricultural laborer" exemption, Section 2(3) of the National Labor Relations Act, 29 U.S.C. § 152(3). Because we agree that the employees are within the exemption, we hold that the Board had no jurisdiction, and its petition...

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