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N. L. R. B. v. ARROW ELASTIC CORP.

No. 77-1395.

573 F.2d 702 (1978)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ARROW ELASTIC CORPORATION, Respondent.

United States Court of Appeals, First Circuit.

Decided April 6, 1978.

Attorney(s) appearing for the Case

David A. Fleischer, Atty., Washington, D. C., with whom John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, and Michael S. Winer, Atty., Washington, D. C., were on brief, for petitioner.

Jason Berger, Boston, Mass., with whom Snyder, Tepper & Berlin, Boston, Mass., was on brief, for respondent.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

BOWNES, Circuit Judge.

The chief issue in this case is whether the Board's finding that the employer violated section 8(a)(1) of the National Labor Relations Act, 28 U.S.C. § 158(a)(1), by announcing the establishment of a pension plan under circumstances calculated to influence the outcome of a pending representation election is supported by substantial evidence and correct as a matter of law.1

Arrow Elastic Corporation of...

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