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BURLINGTON INDUSTRIES, INC. v. N. L. R. B.

No. 81-1758.

680 F.2d 974 (1982)

BURLINGTON INDUSTRIES, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Amalgamated Clothing and Textile Workers Union, AFL-CIO, CLC, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided June 4, 1982.

Attorney(s) appearing for the Case

McNeill Smith, Greensboro, N. C., J. Hamilton Stewart, III, Greenville, N. C. (Martin N. Erwin, Smith, Moore, Smith, Schell and Hunter and Donald A. Cockrill, Ogletree, Deakins, Nash, Smoak & Stewart, Greenville, N. C., on brief), for petitioner.

Richard A. Cohen, 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, Carol A. De Deo, Washington, D. C., on brief), for respondent.

James J. Brudney, Washington, D. C. (Jeffrey L. Gibbs, Bredhoff & Kaiser, Washington, D. C., Arthur M. Goldberg, New York City, Gen. Counsel, Amalgamated Clothing and Textile Workers Union AFL-CIO, CLC, on brief), for intervenor.

Before HAYNSWORTH, Senior Circuit Judge, and HALL and CHAPMAN, Circuit Judges.

CHAPMAN, Circuit Judge:

Burlington Industries, Inc. seeks review of the order of the National Labor Relations Board (the Board) finding it in violation of §§ 8(a)(1) and (3) of the National Labor Relations Act (the Act) and requiring it to bargain with the Amalgamated Clothing and Textile Workers Union (ACTWU). The Board seeks enforcement of its order. The issues presented are (1) whether the Board's bargaining order is based on a valid pre-election card...

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