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N. L. R. B. v. SOUTHERN METAL SERVICE, INC.

No. 78-3356.

606 F.2d 512 (1979)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SOUTHERN METAL SERVICE, INC., Respondent.

United States Court of Appeals, Fifth Circuit.

November 9, 1979.

Attorney(s) appearing for the Case

Elliott Moore, Deputy Associate, Gen. Counsel, Janet McCaa, Supervisor, Corinna L. Metcalf, Atty., N.L.R.B., Washington, D.C., for petitioner.

Jolly, Miller & Milam, Kenneth E. Milam, James R. Lockard, Jackson, Miss., for respondent.

Before COLEMAN, RONEY and FAY, Circuit Judges.

PER CURIAM:

This National Labor Relations Board petition presents three issues for determination: first, whether two truck drivers had sufficient community of interest with production and maintenance employees to justify their inclusion in the same bargaining unit; second, whether the Board impermissibly let the extent of employee organization control its determination of an appropriate unit; and third, whether the subjection of an employee to...

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