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BRANCH 6000, NAT. ASS'N OF LETTER, ETC. v. N. L. R. B.

No. 77-1979.

595 F.2d 808 (1979)

BRANCH 6000, NATIONAL ASSOCIATION OF LETTER CARRIERS (United States Postal Service, West Islip, New York), Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 19, 1979.

Attorney(s) appearing for the Case

Peter J. Carre, Washington, D. C., with whom Mozart G. Ratner, Washington, D. C., was on the brief, for petitioner.

John H. Ferguson, Atty., N. L. R. B., Washington, D. C., with whom John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel and Elliott Moore, Deputy Associate Gen. Counsel, Washington, D. C., were on the brief, for respondent.

Before TAMM, LEVENTHAL and MacKINNON, Circuit Judges.

Opinion for the Court filed by LEVENTHAL, Circuit Judge.

LEVENTHAL, Circuit Judge:

In this case the petitioner union ("Branch 6000") adopted a procedure whereby a term and condition of employment was determined by a referendum of the union membership. The NLRB found that under the circumstances of this case, with the vote based on the individual preferences of the union members, without any consideration of the interests of the non-union employees, the union...

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