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N. L. R. B. v. FOREST CITY ENTERPRISES, INC.

No. 80-1378.

663 F.2d 34 (1981)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. FOREST CITY ENTERPRISES, INC., Respondent.

United States Court of Appeals, Sixth Circuit.

November 10, 1981.

Attorney(s) appearing for the Case

Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Barbara A. Atkins, Washington, D. C., for petitioner.

Andrew C. Meyer, Duvin, Flinker & Cahn Co., Frank W. Buck, Cleveland, Ohio, for respondent.

Before KEITH and MERRITT, Circuit Judges, and ALDRICH, District Judge.

ORDER

In this case the NLRB seeks enforcement of its cease and desist order against respondent Forest City Enterprises' (the "Company") refusal to bargain with the certified union in violation of § 8(a)(5) and (1) of the National Labor Relations Act. The Company justifies its refusal to bargain on the grounds (1) that the Board's certification of a single store bargaining unit was inappropriate, and (2) that the representation election was invalid because certain...

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