N.L.R.B. v. J. C. PENNEY CO., INC.

No. 76-3816.

559 F.2d 373 (1977)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. J. C. PENNEY COMPANY, INC., Respondent.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 15, 1977.


Attorney(s) appearing for the Case

Elliott Moore, Deputy Assoc., Gen. Counsel, Allison W. Brown, Jr., Supervisor, Corinna Metcalf, Atty., John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Assoc. Gen. Counsel, N. L. R. B., Washington, D. C., for petitioner.

Richard P. Shuey, Reg. Personnel Relations Rep., J. C. Penney Co., Inc., Atlanta, Ga., James V. Coggin, Jr., Steven Hymowitz, Memphis, Tenn., for respondent.

Raymond A. Jacobson, Dir., Region 26, N. L. R. B., Memphis, Tenn., for other interested parties.

Before THORNBERRY, AINSWORTH and RONEY, Circuit Judges.


RONEY, Circuit Judge:

In this labor relations bargaining order enforcement proceeding, J.C. Penney Company contests the unit certified by the Board on the ground that in a similar situation with Sears, Roebuck & Co., the Board included clerical workers with warehouse laborers and inventory personnel, but not here. If the 19 clericals had been included here, as they were in the Sears case, the 34 to 28 union victory...

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