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FIRESTONE TIRE AND RUBBER CO. v. N. L. R. B.

No. 75-1673.

533 F.2d 336 (1976)

The FIRESTONE TIRE AND RUBBER COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Sixth Circuit.

April 15, 1976.

Attorney(s) appearing for the Case

William N. Ozier, Bass, Berry & Sims, Nashville, Tenn., Thorley C. Mills, Jr., Firestone Tire & Rubber Co., Akron, Ohio, for petitioner.

Elliott Moore, Marjorie S. Gofreed, Deputy Associate General Counsel, N.L.R.B., Washington, D. C., for respondent.

Before WEICK, EDWARDS and ADAMS, Circuit Judges.

ORDER

Upon consideration of Firestone's petition for review and the Board's cross-application for enforcement, we are of the opinion that the Board erred in denying Firestone an evidentiary hearing on its objections to the election on the ground that the union on the eve of the election made misrepresentations to employees that it had negotiated provisions in its contract permitting security guards to transfer into production positions and to return to their positions...

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