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BIRMINGHAM ORNAMENTAL IRON CO. v. N.L.R.B.

No. 79-1915.

615 F.2d 661 (1980)

BIRMINGHAM ORNAMENTAL IRON COMPANY, Petitioner Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

April 17, 1980.

Attorney(s) appearing for the Case

Bradley, Arant, Rose & White, Allen Poppleton, Birmingham, Ala., for petitioner cross-respondent.

Elliott Moore, Deputy Assoc. Gen. Counsel, Michael F. Messite, Atty., NLRB, Washington, D.C., for respondent cross-petitioner.

Before TUTTLE, AINSWORTH and SAM D. JOHNSON, Circuit Judges.

TUTTLE, Circuit Judge:

This appeal tests the correctness of an NLRB certification of a bargaining agent. The issue was drawn by the union's filing an unfair labor practice complaint, charging Birmingham Ornamental with violation of §§ 8(a)(5) and (1) of the National Labor Relations Act for refusing to bargain. Two other subsidiary issues are also to be decided: (1) Whether evidence supports the board's determination that a request to bargain was actually...

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