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SHULMAN'S, INC. OF NORFOLK v. N.L.R.B.

No. 74-1167.

519 F.2d 498 (1975)

SHULMAN'S, INC., OF NORFOLK, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided June 27, 1975.

Attorney(s) appearing for the Case

Arthur J. Kowitt, Chicago, Ill. (Michael F. Rosenblum, Mayer, Brown & Platt, Chicago, Ill., H. Thomas Fennell, Jr., Byron P. Kloeppel, Cooper, Davis, Kilgore, Parker, Leon & Fennell, Portsmouth, Va., and Charles L. Stewart, Jr., Chicago, Ill., on brief), for petitioner.

Robert G. Sewell, Atty., N.L.R.B. (Peter G. Nash, Gen. Counsel, John S. Irving, Deputy Gen. Counsel, Patrick H. Hardin, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, and Madge F. Jefferson, Atty., N.L.R.B., on brief), for respondent.

Before HAYNSWORTH, Chief Judge, BRYAN, Senior Circuit Judge, and RUSSELL, Circuit Judge.

ALBERT V. BRYAN, Senior Circuit Judge:

The National Labor Relations Board order, issued on January 29, 1974, requiring Shulman's, Inc., of Norfolk, Virginia, to bargain with the Retail Store Employees Union, Local 233, AFL-CIO, is here attacked as invalid by the employer, while its enforcement is pressed by the Board. The snarl is that the Board's order was entered notwithstanding the employees in an election had rejected the Union.1<...

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