WESTERN DISTRIBUTING CO. v. N.L.R.B.

No. 78-1559.

608 F.2d 397 (1979)

WESTERN DISTRIBUTING CO. d/b/a Western-Davis Company, Inc., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Tenth Circuit.

Decided September 19, 1979.

Rehearing Denied November 2, 1979.


Attorney(s) appearing for the Case

Glenn A. Bergmann, Denver, Colo., for petitioner.

Kenneth Hipp, Deputy Asst. Gen. Counsel, and Jesse I. Etelson, Atty., Washington, D. C., for respondent.

Before McWILLIAMS, BARRETT and McKAY, Circuit Judges.


McKAY, Circuit Judge.

This is a case in which the National Labor Relations Board seeks to impose a duty to bargain on an employer who doubts he has one. Although the issues are not as sharply drawn as we would prefer, we discern in the record and in the briefs sufficient reason to deny enforcement of the NLRB's order.

On April 1, 1977, Davis Brothers, Inc. and Western Distributing Company agreed to "the equivalent...

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