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NATIONAL LABOR RELATIONS BOARD v. INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL, ORNAMENTAL & REINFORCED IRON WORKERS UNION, LOCAL 378

No. 71-2932.

473 F.2d 816 (1973)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL, ORNAMENTAL & REINFORCED IRON WORKERS UNION, LOCAL 378, Respondent.

United States Court of Appeals, Ninth Circuit.

January 31, 1973.

Attorney(s) appearing for the Case

Peter G. Nash, Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Steven Kahn, Elliot Moore, Attys., NLRB, Washington, D. C., Roy O. Hoffman, Director, Region 20, NLRB, San Francisco, Cal., for petitioner.

Victor J. Van Bourg (argued), Mark Wurm, of Levy & Van Bourg, San Francisco, Cal., for respondent.

Before ELY and WALLACE, Circuit Judges, and KELLEHER, District Judge.

PER CURIAM:

The Board's Decision and Order, reported at 191 NLRB No. 73, will be enforced. The critical factual determinations upon which the Board based its decision are clearly supported by substantial evidence.

We reject the respondent's contention that the aggrieved employee failed to exhaust administrative remedies which the respondent urges were available under a collective bargaining agreement, consummated after the unfair labor practice had occurred...

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