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N. L. R. B. v. SAC CONST. CO., INC.

No. 78-2458.

603 F.2d 1155 (1979)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SAC CONSTRUCTION COMPANY, INC., Respondent.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 6, 1979.

Attorney(s) appearing for the Case

Elliott Moore, Deputy Assoc. Gen. Counsel, Ruth E. Peters, Atty., N.L.R.B., Washington, D. C., for petitioner.

Muller, Mintz, Kornreich, Caldwell & Casey, P. A., Michael W. Casey, III, Herbert B. Mintz, Miami, Fla., for respondent.

Before BROWN, Chief Judge, CLARK and VANCE, Circuit Judges.

VANCE, Circuit Judge:

SAC Construction Company was a party to a labor contract executed between a multi-employer association and the union representing SAC's carpentry unit.1 It was unable to operate profitably under the contract and timely withdrew from the multi-employer unit in December 1975 before the contract expired on March 31, 1976.2 At the same time, SAC notified the union of its intention to negotiate...

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