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ALPERS' JOBBING CO., INC. v. N.L.R.B.

No. 76-1131.

547 F.2d 402 (1976)

ALPERS' JOBBING COMPANY, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided December 30, 1976.

Attorney(s) appearing for the Case

Lewis C. Green, St. Louis, Mo., for petitioner.

Carol A. De Deo, Atty., N. L. R. B., Washington D. C., for respondent; John S. Irving, Jr., Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel, and Elliott Moore, Deputy Associate Gen. Counsel, Sumner David Stone, Atty., N. L. R. B., Washington, D. C., on brief.

Before BRIGHT and WEBSTER, Circuit Judges, and TALBOT SMITH, Senior District Judge.

BRIGHT, Circuit Judge.

This case comes before the court on the employer's petition to review an order of the National Labor Relations Board directing the employer (Alpers' Jobbing Co.) to bargain collectively with the Union (Teamsters Local 688) and the Board's cross-application for enforcement of its order. The issues presented arise out of an underlying consent election, which was won by the Union. The employer in refusing to bargain contends that a new election...

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