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N. L. R. B. v. GA., FLA., ALA. TRANSP. CO.

No. 77-2152 Summary Calendar.

566 F.2d 520 (1978)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. GEORGIA, FLORIDA, ALABAMA TRANSPORTATION COMPANY, Respondent.

United States Court of Appeals, Fifth Circuit.

January 19, 1978.

Attorney(s) appearing for the Case

Elliott Moore, Deputy Assoc., Gen. Counsel, Marion L. Griffin, Supervisor, Jon Hayman, Atty., John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Assoc. Gen. Counsel, National Labor Relations Board, Washington, D. C., for petitioner.

William F. Ford, G. Paris Sykes, Jr., John P. Campbell, Atlanta, Ga., for respondent.

Before COLEMAN, GODBOLD and TJOFLAT, Circuit Judges.

GODBOLD, Circuit Judge:

In this refusal to bargain case we hold that the Board improperly excluded employee John Henderson from the bargaining unit. Following a Board election this court entered an enforcement order, NLRB v. Georgia, Florida, Alabama Transportation Co., 529 F.2d 1350 (CA5, 1976), a challenged ballot was counted, and the vote then was 6 for the union and 5 against. Because of the closeness of the vote and the NLRB's substantial departure from...

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