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N.L.R.B. v. AMERICAN WHOLESALERS, INC.

No. 76-1478.

546 F.2d 574 (1976)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. AMERICAN WHOLESALERS, INC., Respondent.

United States Court of Appeals, Fourth Circuit.

Decided December 17, 1976.

Attorney(s) appearing for the Case

Paul J. Spielberg, Atty., N.L.R.B., Washington, D.C. (John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Washington, D.C., David A. Fleischer, Atty., N.L.R.B., on brief), for petitioner.

Stephen D. Shawe, Baltimore, Md. (Earle K. Shawe, Leslie R. Stellman, Shawe & Rosenthal, Baltimore, Md., on brief), for respondent.

Before BRYAN, Senior Circuit Judge, and BUTZNER and HALL, Circuit Judges.

PER CURIAM.

The National Labor Relations Board seeks to enforce its order of February 17, 1976, requiring American Wholesalers, Inc., to bargain collectively with the union.1 The major contention raised by the company is that it was denied due process of law when a hearing officer allowed the union to use testimony elicited during a prior, procedurally defective hearing to impeach company witnesses.

Objecting to a union election...

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