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BANDAG, INC. v. N.L.R.B.

No. 76-2755.

583 F.2d 765 (1978)

BANDAG, INCORPORATED, Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

November 9, 1978.

Attorney(s) appearing for the Case

Joseph P. Parker, Fort Worth, Tex., for petitioner, cross-respondent.

John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Assoc. Gen. Counsel, Paul J. Spielberg, Asst. Gen. Counsel, Christine W. Peterson, Atty., Elliott Moore, Deputy Assoc. Gen. Counsel, N.L.R.B., Washington, D. C., for respondent, cross-petitioner.

George Kaufmann, Ruth Weyand, Washington, D. C., for Local 1016, affiliated with Int. Union of Elec., Radio, etc.

Before WISDOM, GODBOLD and CLARK, Circuit Judges.

GODBOLD, Circuit Judge:

The employer has filed a petition to review Board orders and the Board has cross-petitioned for enforcement.

In an election, held January 23-24, 1975, at the company's plant in Abilene, Texas,1 15 votes were cast for the union and 28 against. Before the election, by December 19, the union had a card majority, 27 out of a unit of 48 employees. The union filed objections to the election, the Regional Director...

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