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AMAZING STORES, INC. v. N.L.R.B.

No. 88-1693.

887 F.2d 328 (1989)

AMAZING STORES, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided October 20, 1989.

Attorney(s) appearing for the Case

Laurance E. Baccini, Philadelphia, Pa. of the bar of the Supreme Court of Pennsylvania, pro hac vice, by special leave of the Court, with whom Thomas E. Patton, Washington, D.C. was on the brief, for petitioner.

Joseph A. Oertel, Atty., NLRB, with whom Paul J. Spielberg, Deputy Asst. Gen. Counsel, and Aileen A. Armstrong, Deputy Associate Gen. Counsel, NLRB, Washington, D.C. were on the brief, for respondent. Frederick C. Havard and Collis Suzanne Stocking, Attorneys, NLRB, Washington, D.C. also entered appearances for respondent.

Before MIKVA, WILLIAMS and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

Petitioner, Amazing Stores, Inc., challenges an NLRB order arising from its unfair labor practices in a December 1985 representation election. Petitioner claims that the Board's use of a "Gissel" remedy, setting aside the election and requiring it to recognize the union for the purpose of collective bargaining, was inappropriate because there had been substantial turnover in the...

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