N.L.R.B. v. PAYLESS CASHWAY LBR. ST. OF SO. ST. PAUL, INC.

No. 74-1289.

508 F.2d 24 (1974)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. PAYLESS CASHWAY LUMBER STORE OF SOUTH ST. PAUL, INC., Respondent.

United States Court of Appeals, Eighth Circuit.

Decided December 19, 1974.


Attorney(s) appearing for the Case

Richard A. Cohen, Atty., N.L.R.B., Washington, D.C., for petitioner.

James M. Samples, Faegre & Benson, Minneapolis, Minn., for respondent.

Before HEANEY, BRIGHT and ROSS, Circuit Judges.


HEANEY, Circuit Judge.

The National Labor Relations Board asks this Court to enforce a bargaining order against Payless. Payless defends on the ground that the Board's certification of the Union1 is invalid. We refuse to enforce the Board's order because we believe that remarks made by a public official at a Union election-eve meeting were coercive and so closely related to the election that they...

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