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N.L.R.B. v. TIO PEPE, INC.

No. 79-1442.

629 F.2d 964 (1980)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. TIO PEPE, INC., Respondent.

United States Court of Appeals, Fourth Circuit.

Decided September 4, 1980.

Attorney(s) appearing for the Case

Barbara Kraft, N.L.R.B., Washington, D.C. (John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Andrew F. Tranovich, Washington, D.C., on brief), for petitioner.

Warren M. Davison, Washington, D.C. (Earle K. Shawe, Eric Hemmendinger, Shawe & Rosenthal, Baltimore, Md., on brief), for respondent.

Before BRYAN, Senior Circuit Judge, and RUSSELL and WIDENER, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

The Board seeks enforcement of its order finding that the respondent, the operator of a popular and luxury Spanish restaurant in Baltimore, Maryland, had violated Section 8(a)(5) and (1) of the National Labor Relations Act by failing to bargain with the Union, which the Board had certified as the bargaining agent of the kitchen and dining room employees of the respondent following a representation election. The respondent admitted its...

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