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N.L.R.B. v. BIRDSALL CONSTRUCTION COMPANY

No. 73-1412 Summary Calendar.

487 F.2d 288 (1973)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. BIRDSALL CONSTRUCTION COMPANY, Respondent.

United States Court of Appeals, Fifth Circuit.

November 20, 1973.

Attorney(s) appearing for the Case

Elliott Moore, Deputy Associate Gen. Counsel, N. L. R. B., Washington, D. C., Harold A. Boire, Director, Region 12, N. L. R. B., Tampa, Fla., for petitioner.

Alan A. Bruckner, Richard I. Manas, Miami, Fla., Allan M. Elster, North Miami Beach, Fla., for respondent.

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

JOHN R. BROWN, Chief Judge:

The Board found that Employer, Birdsall Construction Company, committed an unfair labor practice in violation of 8(a) (1), NLRA, 29 U.S.C.A. § 158(a), ordered Employer to "cease and desist from coercively interrogating employees about their union membership, views or sympathies", set aside a representation election in which the employees had rejected local 1680, International Longshoreman's Association's bid to become the collective...

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