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N. L. R. B. v. MIDVALLEY STEEL FAB., INC.

No. 688, Docket 79-4180.

621 F.2d 49 (1980)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. MIDVALLEY STEEL FABRICATORS, INC., Respondent.

United States Court of Appeals, Second Circuit.

Decided April 7, 1980.

Attorney(s) appearing for the Case

J. Keith Gorham, Washington, D. C., N. L. R. B. (Jay E. Shanklin, Atty., Norton J. Come, Acting Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, N. L. R. B., Washington, D. C., of counsel), for petitioner.

Richard M. Naness, Hewlett, N. Y. (Milman, Naness & Pollack, Hewlett, N. Y., of counsel), for respondent.

Before SMITH, FEINBERG, Circuit Judges, and GAGLIARDI, District Judge.

FEINBERG, Circuit Judge:

The National Labor Relations Board applies for enforcement of its order issued against respondent, Midvalley Steel Fabricators, Inc. In a decision and order reported at 243 N.L.R.B. No. 83 (1979), the Board found that Midvalley had violated sections 8(a)(1) and (5) of the National Labor Relations Act, 29 U.S.C. §§ 158(a)(1) and (5), by refusing to execute an agreed-upon collective bargaining agreement, by shifting its position on...

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