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AMALGAMATED CLOTHING WORKERS OF AM. v. N. L. R. B.

Nos. 74-1608, 74-1668.

527 F.2d 803 (1975)

AMALGAMATED CLOTHING WORKERS OF AMERICA, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Jimmy-Richard Co., Inc., Intervenor. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. JIMMY-RICHARD COMPANY, INC., Respondent, Amalgamated Clothing Workers of America, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 8, 1975.

Rehearing and Rehearing Denied January 13, 1976.

Attorney(s) appearing for the Case

Ann Neydon, New York City, for petitioner in No. 74-1608 and intervenor in No. 74-1668. Arthur M. Goldberg and George Kaufman, Washington, D. C., were on the brief for petitioner in No. 74-1608 and intervenor in No. 74-1668.

John F. Depenbrock, Atty., N. L. R. B., with whom John S. Irving, Deputy Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, and Elliott Moore, Deputy Associate Gen. Counsel, N. L. R. B., were on the brief for respondent in No. 74-1608 and petitioner in No. 74-1668.

Howard Kent Munson, St. Louis, Mo., for respondent in No. 74-1668 and intervenor in No. 74-1608. Charles Alan Seigel, St. Louis, Mo., was on the brief for respondent in No. 74-1668. Edward Greensfelder, Jr., Washington, D. C., also entered an appearance for intervenor No. 74-1608 and respondent No. 74-1668.

Before TAMM, ROBINSON and MacKINNON, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 13, 1976.

Opinion for the Court filed by Circuit Judge TAMM.

Opinion filed by Circuit Judge MacKINNON, concurring in part and dissenting in part.

TAMM, Circuit Judge:

This case concerns the enforceability of a bargaining order issued by the National Labor Relations Board against an employer for pre-election unfair labor practices following his refusal to bargain with a union claiming majority status...

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