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ABBOTT LABS., ROSS LABS. DIVISION v. N.L.R.B.

No. 75-1496.

540 F.2d 662 (1976)

ABBOTT LABORATORIES, ROSS LABORATORIES DIVISION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided March 31, 1976.

Attorney(s) appearing for the Case

Joseph D. Luksch, Washington, D. C. (William W. McKittrick, Chicago, Ill., Michael J. Bartlett, Peter H. Kiefer, Vedder, Price, Kaufman, Kammholz & Day, Washington, D. C. and Vedder, Price, Kaufman & Kammholz, Chicago, Ill., on brief) for petitioner.

David A. Fleischer, Atty., N. L. R. B., Washington, D. C. (John C. Miller, Acting Gen. Counsel, John S. Irving, Jr., Deputy Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, and John H. Ferguson, Atty., N. L. R. B., Washington, D. C., on brief) for respondent.

Before CLARK, Associate Justice, BRYAN, Senior Circuit Judge, and WINTER, Circuit Judge.

WINTER, Circuit Judge:

Abbott Laboratories (the Company) petitions to set aside an order of the Board finding that it violated § 8(a)(5) and (1) of the Act by refusing to bargain with the duly certified representative of its employees (Textile Workers of America—the Union), and the Board cross-petitions for enforcement. The Company does not dispute that it refused to bargain; its defense is one of vitiating irregularities in the representation election...

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