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UNITED FOOD AND COMMERCIAL WORKERS v. N. L. R. B.

No. 80-2254.

675 F.2d 346 (1982)

UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION LOCAL NO. 576, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided April 2, 1982.

Attorney(s) appearing for the Case

Beth Shulman, Washington, D. C., for petitioner. George R. Murphy, Benson, N. C., Robert E. Funk, Jr., Kansas City, Kan., and Robert L. Kimbrough, Topeka, Kan., were on the brief, for petitioner.

Steven M. Fetter, Atty., N. L. R. B., of the Bar of the Supreme Court of New York, Pro Hac Vice by special leave of Court, Washington, D. C., with whom Elliott Moore, Deputy Associate Gen. Counsel, N. L. R. B., Washington, D. C., was on the brief, for respondent. Paul Spielberg, Atty., N. L. R. B., Washington, D. C., also entered an appearance for respondent.

Before TAMM, Circuit Judge, McGOWAN, Senior Circuit Judge and BRYANT, Senior District Court Judge for the District of Columbia Circuit.

Opinion for the Court filed by Senior Circuit Judge McGOWAN.

McGOWAN, Senior Circuit Judge:

This direct review of a National Labor Relations Board finding of an unfair labor practice by a picketing union presents the question of whether the Board erred in refusing to entertain a defense based upon evidence that the General Counsel had previously considered in refusing, at the union's request, to issue an unfair labor practice complaint against the employer...

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