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N.L.R.B. v. NELLO PISTORESI & SON, INC.

No. 73-2253.

500 F.2d 399 (1974)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. NELLO PISTORESI & SON, INC. (S & D Trucking Co., Inc.), Respondent.

United States Court of Appeals, Ninth Circuit.

July 1, 1974.

Attorney(s) appearing for the Case

Elliott Moore, Acting Asst. Gen. Counsel, NLRB, Washington, D. C., Charles M. Henderson, Director, Region 19, NLRB, Seattle, Wash., for petitioner.

Wesley M. Wilson, Yakima, Wash., for respondent.

Before HUFSTEDLER and GOODWIN, Circuit Judges, and SKOPIL, District Judge.

OPINION

ALFRED T. GOODWIN, Circuit Judge:

The National Labor Relations Board seeks enforcement of its order against Nello Pistoresi and Son, Inc., reported at 203 N.L.R.B. No. 108, 83 L.R.R.M. 1212 (1973).

Reversing the administrative-law judge, a divided panel of the Board held that, by unilaterally discontinuing its Christmas bonus in 1971, Pistoresi violated sections 8(a)(5) and 8(a)(1) of the National Labor Relations Act, 29 U.S.C. § 158...

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