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ZEIGLERS REFUSE COLLECTORS, INC. v. N.L.R.B.

No. 80-1538.

639 F.2d 1000 (1981)

ZEIGLERS REFUSE COLLECTORS, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Third Circuit.

Decided January 27, 1981.

Attorney(s) appearing for the Case

A. Samuel Cook, Gary Z. Nothstein, Jeffrey P. Ayres (argued), Venable, Baetjer & Howard, Baltimore, Md., for petitioner.

W. Christian Schumann, Edward S. Dorsey (argued), N. L. R. B., Washington, D. C., for respondent.

Before ADAMS, GARTH and SLOVITER, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

In this case, certain employees who favored and backed a union, threatened their co-employees with physical violence if they did not vote for that union in the representation election. The Hearing Officer found this conduct created an atmosphere of fear and reprisal which warranted setting aside the election. The National Labor Relations Board summarily rejected the Hearing Officer's findings and concluded that...

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