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AIRCRAFT RADIO CORP. (DIV. OF CESSNA AIR. CO.) v. N. L. R. B.

No. 74-2159.

519 F.2d 590 (1975)

AIRCRAFT RADIO CORPORATION (DIVISION OF the CESSNA AIRCRAFT CO.), Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Third Circuit.

Decided July 24, 1975.

Attorney(s) appearing for the Case

A. C. Matthews, Jr., Havens, Wandless, Stitt & Tighe, New York City, for petitioner.

Peter G. Nash, Gen. Counsel, John S. Irving, Deputy Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, Elliott Moore, Dep. Associate Gen. Counsel, N.L. R.B., Michael S. Winer, Roger T. Brice, Washington, D. C., for N.L.R.B.

Before VAN DUSEN, ROSENN and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

An employer's challenge to a representation election conducted under the supervision of the National Labor Relations Board is the subject of this petition for review and cross-petition for enforcement. We conclude that charges of deliberate misstatements about the employer's earnings published by the union in the closing days of the campaign require affirmative action by the Board. Accordingly, the petition for review...

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