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N.L.R.B. v. ELY'S FOODS INC.

No. 80-1779.

656 F.2d 290 (1981)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ELY'S FOODS INC., d/b/a Scotto's I. G. A., Respondent.

United States Court of Appeals, Eighth Circuit.

Decided July 31, 1981.

Attorney(s) appearing for the Case

Michael J. Bobroff (argued), Sally E. Barker, and Husch, Eppenberger, Donohue, Elson & Cornfeld, St. Louis, Mo., for Ely's Foods Inc., d/b/a Scotto's I. G. A.

Robert G. Sewell, Judith A. Dowd (argued), Attys., 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, N. L. R. B., for petitioner.

Before GIBSON, Senior Circuit Judge, ARNOLD, Circuit Judge, and McMANUS, District Judge.

FLOYD R. GIBSON, Senior Circuit Judge.

The National Labor Relations Board (Board) petitions this court for enforcement of its order directing Ely's Foods to bargain with the Retail Store Employees Union and United Food and Commercial Workers International Union. Ely's Foods contests the bargaining order on the grounds that the Board's decision and the record fail to support the remedy of a bargaining order. We enforce the Board's order.

On May 29, 1980, the...

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