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N. L. R. B. v. DAVIS

No. 79-7566.

642 F.2d 350 (1981)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. Steven DAVIS and Michael Provenzano, d/b/a Carlton's Market, Respondent, Retail Clerks Union Local 1428, United Food Commercial Workers International Union, AFL-CIO, Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided April 20, 1981.

Attorney(s) appearing for the Case

Andrew F. Tranovich, Washington, D. C., for petitioner.

Robert M. Simpson, Rose, Klein & Marias, Los Angeles, Cal., for respondent.

Before FLETCHER and FERGUSON, Circuit Judges, and FITZGERALD, District Judge.

FITZGERALD, District Judge:

The National Labor Relations Board ruled that Carlton's Market of El Monte, California engaged in unfair labor practices which dissipated a union majority within the bargaining unit and brought about conditions making a fair representation election impossible. As a consequence, the Board issued a bargaining order and now comes to this court for enforcement.1

On November 28, 1977, Michael Provenzano and...

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