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TEAMSTERS LOCAL 115 v. N. L. R. B.

Nos. 79-1619, 79-2018.

640 F.2d 392 (1981)

TEAMSTERS LOCAL 115, a/w International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Haddon House Food Products, Inc. and Flavor Delight, Inc., Intervenors. HADDON HOUSE FOOD PRODUCTS, INC. and Flavor Delight, Inc., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Teamsters Local Union No. 115, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 26, 1981.

Attorney(s) appearing for the Case

Jonathan G. Axelrod, Bethesda, Md., with whom Hugh J. Beins, Washington, D. C., was on the brief, for petitioner in No. 79-1619 and intervenor in No. 79-2018.

Julius M. Steiner, Philadelphia, Pa., with whom Stephen J. Cabot and Jerald Cureton, Philadelphia, Pa., were on the brief, for petitioners in No. 79-2018 and intervenors in No. 79-1619.

Anton Hajjar, Atty., N. L. R. B., Washington, D. C., of the Bar of the Supreme Court of Louisiana pro hac vice by special leave of Court, with whom Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Washington, D. C., were on the brief, for respondent.

William J. Curtin and Stephen A. Bokat, Washington, D. C., were on the brief, for amicus curiae urging that the Board order should be upheld.

Before LUMBARD, Senior Circuit Judge for the United States Court of Appeals for the Second Circuit, and MIKVA and GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

Haddon House Food Products, Inc., is a small wholesale distributor, owned and managed by one Harold Anderson. Flavor Delight, Inc., is an even smaller spice company, owned and managed by his son, David Anderson. Together, the two companies are the Employer in this proceeding seeking review of an order of the National Labor Relations Board (Board).

On November 13, 1975, Local...

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