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UNITED TRANSP. UNION, LOCAL 1699 v. N.L.R.B.

No. 75-1561.

546 F.2d 1038 (1976)

UNITED TRANSPORTATION UNION, LOCAL NO. 1699, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Safeway Trails, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 9, 1976.

Attorney(s) appearing for the Case

Edward D. Friedman, Washington, D.C., for petitioner.

Bert Bisgyer, Atty., N. L. R. B., Washington, D.C., with whom John S. Irving, Jr., Gen. Counsel, and Elliott Moore, Deputy Associate Gen. Counsel, N. L. R. B., Washington, D.C., were on the brief, for respondent.

John H. Leddy, Philahelphia, Pa., with whom Warren W. Woods, Washington, D.C., was on the brief, for intervenor.

Before BAZELON, Chief Judge, and WRIGHT and ROBINSON, Circuit Judges.

Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.

J. SKELLY WRIGHT, Circuit Judge:

The primary issue presented by this petition for review is accurately stated by the National Labor Relations Board's General Counsel in his amended memorandum to the Board1 in support of his exceptions to the findings and conclusions of the Administrative Law Judge (ALJ). It is whether "[t]he Administrative Law Judge committed fundamental...

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