No. 73-2028.

514 F.2d 1121 (1975)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SOUTHERN HEALTH CORP. d/b/a Corydon Nursing Home, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided May 2, 1975.

Attorney(s) appearing for the Case

Elliott Moore, Deputy Associate Gen. Counsel, Thomas Woodley and Alan D. Cirker, Attys., N. L. R. B., Washington, D. C., for petitioner.

Robert L. McLaughlin, Indianapolis, Ind., for respondent.

Before FAIRCHILD, Chief Judge, and PELL and TONE, Circuit Judges.

FAIRCHILD, Chief Judge.

The National Labor Relations Board found that Southern Health Corporation, operator of a nursing home at Corydon, Indiana, refused to bargain with its employees' certified bargaining agent in violation of Sections 8(a)(5) and (1) of the National Labor Relations Act (29 U.S.C. §§ 158(a)(5) and (a)(1)). The company concedes refusal to bargain but challenges the certification.

On May 19, 1972 a consent election was conducted...

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