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AERONCA, INC. v. N. L. R. B.

No. 80-1802.

650 F.2d 501 (1981)

AERONCA, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided June 4, 1981.

Attorney(s) appearing for the Case

James K. L. Lawrence, Cincinnati (George E. Yund, Frost & Jacobs, Cincinnati, Ohio) John R. Wester, Charlotte, N. C. (Fleming, Robinson, Bradshaw & Hinson, Charlotte, N. C., on brief), for petitioner.

Judith Ann Dowd, N. L. R. B., Washington, D. C. (William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, John D. Burgoyne, Asst. Gen. Counsel, Washington, D. C., on brief), for respondent.

Before HAYNSWORTH, Senior Circuit Judge, ERVIN, Circuit Judge, and RAMSEY, District Judge.

HAYNSWORTH, Senior Circuit Judge:

Aeronca, Inc. petitions for review and the Board cross-applies for enforcement of the Board's order and finding that the company violated § 8(a)(1) and (5) of the Act by unilaterally discontinuing its practice of giving its employees Christmas turkeys. Because we find that the union waived the company's duty to bargain about discontinuance of the turkey bonus, we deny enforcement of the Board's order.

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