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SCINTILLA POWER CORP. v. N.L.R.B.

Nos. 81-7441, 81-7538.

707 F.2d 419 (1983)

SCINTILLA POWER CORPORATION, Petitioner and Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent and Cross-Petitioner.

United States Court of Appeals, Ninth Circuit.

Decided June 1, 1983.

Attorney(s) appearing for the Case

William D. Claster, Gibson, Dunn & Crutcher, Newport Beach, Cal., for petitioner and cross-respondent.

Allison W. Brown, Jr., C. Metcalf, Washington, D.C., for respondent and cross-petitioner.

Before KENNEDY, POOLE, and REINHARDT, Circuit Judges.

KENNEDY, Circuit Judge:

After a union obtained a majority of the validly cast ballots of employees in a representation election, the employer refused to bargain with the union. The Board issued a bargaining order, and the employer petitions us for review. The employer argues that the Board improperly certified the union as the employer's bargaining representative in view of an alleged atmosphere of coercion and intimidation which flawed the election as an index of...

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