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SOUTHERN MOLDINGS, INC. v. N.L.R.B.

No. 81-1230.

728 F.2d 805 (1984)

SOUTHERN MOLDINGS, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided March 8, 1984.

Attorney(s) appearing for the Case

Jon C. Flinker (argued), Duvin, Flinker, & Cahn Co., Lee Hutton, Cleveland, Ohio, for petitioner.

Elliott Moore, John Elligers (argued), Deputy Associate General Counsel, Ralph Simpson, National Labor Relations Board, Washington, D.C., for respondent.

Before LIVELY, Chief Circuit Judge, EDWARDS, ENGEL, KEITH, MERRITT, KENNEDY, MARTIN, JONES, CONTIE, KRUPANSKY and WELLFORD, Circuit Judges.

MERRITT, Circuit Judge, delivering the opinion for the Court.

We voted to reconsider en banc this unfair labor practice case primarily to decide the question of whether NLRB v. Gissel Packing Co., 395 U.S. 575, 614, 89 S.Ct. 1918, 1940, 23 L.Ed.2d 547 (1969), should be interpreted to require the National Labor Relations Board, prior to the issuance of a bargaining order, to make explicit findings and conclusions respecting...

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