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N. L. R. B. v. J. WEINGARTEN, INC.

No. 73-1891. Summary Calendar.

485 F.2d 1135 (1973)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. J. WEINGARTEN, INC., Respondent.

United States Court of Appeals, Fifth Circuit.

October 9, 1973.

Attorney(s) appearing for the Case

Elliott Moore, Acting Asst. Gen. Counsel, N. L. R. B., Washington, D. C., Louis V. Baldwin, Jr., Director, Region 23, N. L. R. B., Houston, Tex., for petitioner.

Neil Martin, Houston, Tex., for respondent.

Before JOHN R. BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.

DYER, Circuit Judge:

The National Labor Relations Board, pursuant to section 10(e) of the National Labor Relations Act, 29 U.S.C.A. § 160 (e), seeks enforcement of its order finding that J. Weingarten, Inc., violated section 8(a)(1) of the NLRA, 29 U.S.C.A. § 158(a)(1), by refusing to allow a union representative to be present at an investigatory interview with an employee. We conclude that, under the facts found by the Administrative Law Judge, there was...

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