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RETAIL CLERKS LOCAL 588, ETC. v. N. L. R. B.

No. 76-1722.

565 F.2d 769 (1977)

RETAIL CLERKS LOCAL 588, RETAIL CLERKS INTERNATIONAL ASSOCIATION, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided November 4, 1977.

As Amended November 4, 1977.

Attorney(s) appearing for the Case

David J. Salniker, Berkeley, Cal., with whom Robert P. Cowell, San Francisco, Cal., was on the brief, for petitioner.

John S. Irving, Gen. Counsel, Allison W. Brown, Jr., Deputy Asst. Gen. Counsel, and Elliott Moore, Deputy Associate Gen. Counsel, Washington, D. C., were on the brief for N. L. R. B.

Before McGOWAN, LEVENTHAL and ROBB, Circuit Judges.

Opinion for the Court filed by McGOWAN, Circuit Judge.

McGOWAN, Circuit Judge:

This petition by a union to review an order of the National Labor Relations Board presents the question of whether the union's invocation, unaccompanied by striking, picketing, or the threat of either, of the grievance-arbitration machinery of the collective bargaining agreement to resolve a concededly colorable contract interpretation issue is an unfair labor practice within the...

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