N.L.R.B. v. FLOWERS BAKING CO. OF GADSDEN

No. 77-2789.

578 F.2d 1145 (1978)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. FLOWERS BAKING COMPANY OF GADSDEN/a Division of Flowers Industries, Respondent.

United States Court of Appeals, Fifth Circuit.

August 25, 1978.


Attorney(s) appearing for the Case

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

John Anderson, John Arnold, Atlanta, Ga., for respondent.

Before TUTTLE, GEE and FAY, Circuit Judges.


GEE, Circuit Judge:

We decide in this case the validity of a union election among clerical workers at respondent's plant in Gadsden, Alabama. The election went in the union's favor by one vote, but the company refused to recognize the results because of the participation of an allegedly unqualified voter and because of a claimed misrepresentation by an electioneering union official. The company's timely objections to the election were overruled by the Board, which...

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