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PROVISION HOUSE WORKERS UNION LOCAL 274 v. N. L. R. B.

No. 72-2617.

493 F.2d 1249 (1974)

PROVISION HOUSE WORKERS UNION LOCAL 274, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Urban Patman, Inc., Intervenor.

United States Court of Appeals, Ninth Circuit.

February 21, 1974.

Attorney(s) appearing for the Case

Lionel Richman (argued), Gerald Goldman, of Richman & Garrett, Los Angeles, Cal., for petitioner.

Abigail Baskir (argued), Marcel Mallet-Prevost, of NLRB, Washington, D. C., Abraham Siegel, Director, NLRB, Los Angeles, Cal., for respondent.

Stanley E. Tobin (argued), Kenneth M. Simon, David C. Grant, Carl M. Gould of Hill, Farrer & Burrill, Los Angeles, Cal., for real party in interest.

Before KOELSCH, HUFSTEDLER and TRASK, Circuit Judges.

OPINION

PER CURIAM.

The Board did not exceed its jurisdiction, nor did it abuse its discretion in deferring exercise of that jurisdiction pending arbitration. (National Labor Relations Act §§ 1, 10(a), 29 U.S.C. §§ 151, 160(a); Labor-Management Relations Act § 203(d), 29 U.S.C. § 173(d). Cf. Nabisco, Inc. v. N.L.R.B. (2d Cir. 1973) 479 F.2d 770.) Although the characterization of the dispute...

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