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N.L.R.B. v. HERBERT HALPERIN DISTRIBUTING CORP.

No. 86-3630.

826 F.2d 287 (1987)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. HERBERT HALPERIN DISTRIBUTING CORPORATION, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided August 14, 1987.

Attorney(s) appearing for the Case

Warren M. Davison (Leslie Robert Stellman, Benjamin W. Hahn, Little, Mendelson, Fastiff & Tichy, Baltimore, Md., on brief) for respondent.

Arthur M. Radin, N.L.R.B. (Rosemary M. Collyer, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Howard E. Perlstein, Supervisory Atty., Washington, D.C., on brief) for petitioner.

Before HALL and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.

WILKINSON, Circuit Judge:

We confront here a challenge to union certification after an election in which racial appeals and animosities allegedly played some part. On June 21, 1984, two local unions affiliated with the International Brotherhood of Teamsters filed a joint certification petition for the truckdrivers and warehouse employees at Herbert Halperin Distributing Corporation. The election was held August 9, 1984, and the vote was 58 for union representation...

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