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FIDELITY TEL. CO. v. N.L.R.B.

No. 77-1771.

574 F.2d 409 (1978)

FIDELITY TELEPHONE COMPANY and its subsidiary, Bourbeuse Telephone Company, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided April 6, 1978.

Attorney(s) appearing for the Case

Scott P. Watson and E. Bruce Mather of Constangy, Brooks & Smith, Atlanta, Ga., on brief for petitioner.

John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel and Elliott Moore, Deputy Associate Gen. Counsel and William R. Stewart and Morton Namrow, Attys., N.L.R.B., Washington, D.C., on brief for respondent.

Before LAY and HENLEY, Circuit Judges, and HANSON, Senior District Judge.

LAY, Circuit Judge.

Fidelity Telephone Company brings this petition for review of a cease and desist order issued by the National Labor Relations Board finding Fidelity had violated §§ 8(a)(5) and 8(a)(1) of the National Labor Relations Act by refusing to bargain with a unit of the Communications Workers of America (the Union). Although admitting its refusal to bargain, Fidelity justifies its position by asserting that the Board improperly certified the...

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