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J. RAY McDERMOTT & CO., INC. v. N. L. R. B.

No. 77-1171.

571 F.2d 850 (1978)

J. RAY McDERMOTT & CO., INC., Petitioner-Cross Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross Petitioner.

United States Court of Appeals, Fifth Circuit.

April 18, 1978.

Attorney(s) appearing for the Case

C. Dale Stout, Howard S. Linzy, Andrew C. Partee, Jr., New Orleans, La., for petitioner-cross respondent.

Elliott Moore, Deputy Associate Gen. Counsel, John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel, Michael S. Winer, Woody N. Peterson, Attys., N. L. R. B., Washington, D. C., for respondent-cross petitioner.

Before HILL, RUBIN and VANCE, Circuit Judges.

RUBIN, Circuit Judge:

McDermott1 petitions to set aside a decision of the NLRB holding that it has unlawfully refused, in violation of the National Labor Relations Act, §§ 8(a)(1) and 8(a)(5), to bargain with Local 1012,2 the certified bargaining agent of certain of its employees, and ordering McDermott to bargain with that union.

McDermott contends that the order is invalid because (1) the...

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