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GENERAL STEEL PRODUCTS v. N. L. R. B.

No. 74-1077.

503 F.2d 896 (1974)

GENERAL STEEL PRODUCTS, a division of the Seng Company, Petitioner, v. The NATIONAL LABOR RELATIONS BOARD, Respondent,

United States Court of Appeals, Fourth Circuit.

Decided October 1, 1974.

Attorney(s) appearing for the Case

Lewis P. Hamlin, Jr., Salisbury, N. C., (Kluttz & Hamlin, Salisbury, N. C., on brief), for petitioner.

Frank C. Morris, Jr., Atty., National Labor Relations Board (Peter G. Nash, Gen. Counsel, John S. Irving, Deputy Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, and Michael S. Winer, Atty., National Labor Relations Board, on brief), for respondent.

Lawrence M. Cohen, Chicago, Ill. (Gerard C. Smetana, Lederer, Fox & Grove, Chicago, Ill., on brief), for American Retail Federation, amicus curiae.

Before BUTZNER, RUSSELL and WIDENER, Circuit Judges.

BUTZNER, Circuit Judge:

The primary question raised by this review of a bargaining order is whether the National Labor Relations Board can reinstate a petition for a representation election that the Board dismissed when it erroneously entered an earlier bargaining order. We hold that the Board did not exceed its authority, and we enforce its order.

The Upholsterers' Union has been attempting since 1964 to establish itself as the employees' bargaining representative...

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