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FIRCH BAKING COMPANY v. N. L. R. B.

Nos. 716, 717, Dockets 72-2187, 72-2317.

479 F.2d 732 (1973)

FIRCH BAKING COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Second Circuit.

Decided May 29, 1973.

Attorney(s) appearing for the Case

Wendell Davis, Jr., New York City (McConnell, Scheuermann and Davis, New York City, on the brief), for petitioner.

Stanley J. Brown, Atty., NLRB, Washington, D. C. (Peter G. Nash, Gen. Counsel, John S. Irving, Deputy Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, Elliott Moore, Acting Asst. Gen. Counsel, and William F. Wachter, Atty., Washington, D. C., on the brief), for respondent.

Before SMITH, MULLIGAN and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge:

The essential issue presented by the Company's petition to review, and the cross-petition by the National Labor Relations Board to enforce, an order of the Board, 199 N.L.R.B. No. 62 (1972), is whether there was substantial evidence to support the Board's conclusion that the Company violated Section 8(a)(5) and (1) of the National Labor Relations Act, 29 U.S.C. § 158(a)(5) and (1) (1970), by unilaterally instituting changes in wages and...

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