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OCHSNER CLINIC v. N.L.R.B.

No. 72-1703.

474 F.2d 206 (1973)

OCHSNER CLINIC, Petitioner-Cross Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross Petitioner.

United States Court of Appeals, Fifth Circuit.

February 6, 1973.

Attorney(s) appearing for the Case

Andrew P. Carter, David E. Walker, New Orleans, La., for petitioner-cross respondent.

Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., Washington, D. C., Charles M. Paschal, Jr., Regional Director, New Orleans, La., William R. Stewart, N.L.R.B., Washington, D. C., for respondent-cross petitioner.

Before JOHN R. BROWN, Chief Judge, and MOORE and RONEY, Circuit Judges.

JOHN R. BROWN, Chief Judge.

Ochsner Clinic challenges the order of the National Labor Relations Board certifying the Union1 as the bargaining representative of its 22 X-ray technicians on the grounds that (i) the activities of the clinic are not within the coverage of the Act and (ii) even if these activities were covered, the Board failed to choose the appropriate bargaining unit. Finding these contentions to be substantially without...

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