N.L.R.B. v. CARL WEISSMAN & SONS, INC.

No. 87-7176.

849 F.2d 449 (1988)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. CARL WEISSMAN & SONS, INC., Respondent.

United States Court of Appeals, Ninth Circuit.

Decided June 16, 1988.


Attorney(s) appearing for the Case

Leslie S. Waite, III, Waite, Schuster & Larson, Great Falls, Mont., for respondent.

Mark McCarty, N.L.R.B., Washington, D.C., for petitioner.

Before BROWNING, Chief Judge, NORRIS and O'SCANNLAIN, Circuit Judges.


PER CURIAM:

Carl Weissman & Sons, Inc. ("the Company") refused to bargain to test its objections to a rerun election in which employees chose union representation. The first election, conducted 56 days earlier, was overturned by the Board because of an anti-Semitic remark by a union official eleven days before the first election was held. The Company argues the rerun election was scheduled too soon after the offensive remark, and should have been held after the...

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