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N. L. R. B. v. MACOMB BLOCK & SUPPLY, INC.

No. 76-1882.

570 F.2d 1304 (1978)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. MACOMB BLOCK AND SUPPLY, INC., Respondent.

United States Court of Appeals, Sixth Circuit.

March 9, 1978.

Attorney(s) appearing for the Case

Elliott Moore, Deputy Associate Gen. Counsel, N. L. R. B., Vivian Miller, Washington, D. C., Bernard Gottfried, Director, Region 7, N. L. R. B., Detroit, Mich., for petitioner.

Karl R. Bennett, O'Leary, Murphy, Fregolle, Kargenian, Berg, Bennett, Reebel & Gorcyca, Southfield, Mich., for respondent.

Before EDWARDS, LIVELY and MERRITT, Circuit Judges.

ORDER

This matter is before the court on application of the Board for enforcement of its order finding that the respondent violated Section 8(a)(3) and (1) of the Labor Act by refusing to hire the former employees of an acquired business because those employees were represented by a union. Following a hearing an administrative law judge dismissed the complaint and the Board divided 2-1 in reversing the decision of the administrative law judge. The decision and order...

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