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N.L.R.B. v. CLAXTON MFG. CO., INC.

No. 79-1527.

613 F.2d 1364 (1980)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. CLAXTON MANUFACTURING COMPANY, INC., Respondent.

United States Court of Appeals, Fifth Circuit.

March 21, 1980.

Attorney(s) appearing for the Case

Elliott Moore, Deputy Associate, Gen. Counsel, Michael F. Messitte, N.L.R.B., Washington, D.C., for petitioner.

Mitchell, Clarke, Pate & Anderson, James W. Wimberly, Jr., James P. Cobb, Atlanta, Ga., for respondent.

Before GODBOLD, GEE and RUBIN, Circuit Judges.

GODBOLD, Circuit Judge:

This case concerns the requirement that as a matter of due process an evidentiary hearing must be conducted when, following a representation election, the losing party files with the National Labor Relations Board regional director evidence that prima facie raises substantial and material issues that would warrant setting aside the election.

Following a representation election that the union won,1 Claxton...

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