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N.L.R.B. v. FOODLAND, INC.

No. 82-2580.

744 F.2d 735 (1984)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. FOODLAND, INC., d/b/a Super-H Discount, Respondent.

United States Court of Appeals, Tenth Circuit.

September 24, 1984.

Attorney(s) appearing for the Case

William Wachter, Washington, D.C. (Andrew F. Tranovich and Daniel R. Pollitt, Attys.; William A. Lubbers, Gen. Counsel; John E. Higgins, Jr., Deputy Gen. Counsel; Robert E. Allen, Associate Gen. Counsel; and Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C., with him on the brief), for petitioner.

David E. Strecker, Tulsa, Okl. (James L. Kincaid and Katie J. Colopy, Tulsa, Okl., of counsel: Conner, Winters, Ballaine, Barry & McGowen, Tulsa, Okl., with him on the brief), for respondent.

Before McKAY, BREITENSTEIN and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

The National Labor Relations Board seeks enforcement of its order finding that Foodland, Inc., doing business as Super-H Discount, violated Section 8(a)(5) and (1) of the National Labor Relations Act and requiring Foodland to bargain with two unions representing employees at Foodland's retail grocery store in Owasso, Oklahoma.1 Foodland admittedly refused to bargain with either of the two unions, and would justify...

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