N.L.R.B. v. BROYHILL CO.

No. 75-1260.

528 F.2d 719 (1976)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. BROYHILL COMPANY, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided January 2, 1976.


Attorney(s) appearing for the Case

William H. Bruckner, Nelson, Harding, Marchetti, Leonard & Tate, Houston, Tex., for respondent.

David S. Fishback, Atty., N.L.R.B., Washington, D.C., for petitioner; Peter G. Nash, Gen. Counsel, John S. Irving, Deputy Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, N.L.R.B., Washington, D.C., on brief.

Before HEANEY, WEBSTER and HENLEY, Circuit Judges.


HEANEY, Circuit Judge.

This case is before the Court on the application of the National Labor Relations Board to enforce its order requiring the Broyhill Company to bargain with the certified representative of its employees. Broyhill concedes its refusal to bargain, but argues that the refusal is justified because the Board's certification was invalid as the bargaining election, on which the certification was based, was not conducted at an appropriate time. We enforce...

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