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MYCALEX DIV. OF SPAULDING FIBRE CO., INC. v. N.L.R.B.

Nos. 797-798, Dockets 72-2393, 73-1132.

481 F.2d 1044 (1973)

MYCALEX DIVISION OF SPAULDING FIBRE CO., INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Second Circuit.

Decided June 19, 1973.

Attorney(s) appearing for the Case

Paul J. Spielberg, 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, Alan D. Longman, Atty., N. L. R. B., on the brief), for respondent.

Eugene H. Gordon, Solinger & Gordon, New York City, for petitioner.

Before FRIENDLY and HAYS, Circuit Judges, and JAMESON, District Judge.

PER CURIAM:

The single issue raised on this petition for review and cross-application for enforcement of an order of the National Labor Relations Board finding that the Company had violated Section 8(a) (5) and (1) of the NLRA by refusing to recognize and bargain with the Union is whether the Board erred in refusing to count one ballot marked in an irregular way in a representation election.

In February, 1972 the United Auto Workers filed a representation...

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