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N.L.R.B. v. HOWARD JOHNSON MOTOR LODGE

No. 82-1141.

705 F.2d 932 (1983)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. HOWARD JOHNSON MOTOR LODGE, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided April 22, 1983.

Attorney(s) appearing for the Case

Barbara A. Atkins, Counsel for NLRB, Elliott Moore, NLRB, Washington, D.C., for petitioner.

Lawrence C. DiNardo, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, Ill., for respondent.

Before ESCHBACH and POSNER, Circuit Judges, and GRANT, Senior District Judge.

ESCHBACH, Circuit Judge.

This case presents the issue whether procedural requirements were satisfied when the National Labor Relations Board ("Board") certified a union as the exclusive bargaining representative of a group of employees at a Howard Johnson Motor Lodge ("Company"). We hold that the Board erred in not ordering a hearing to address the Company's objections to the representation election. We decline, therefore, to enforce the Board's bargaining order and...

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