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INTERNATIONAL UNION OF OPERATING ENG., LOCAL 49 v. N. L. R. B.

No. 19238.

353 F.2d 852 (1965)

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided November 4, 1965.

Attorney(s) appearing for the Case

Mr. Ronald A. Jacks, Washington, D. C., for petitioner.

Mr. Michael R. Brown, Attorney, National Labor Relations Board, of the bar of the Supreme Judicial Court of Massachusetts, pro hac vice, by special leave of court, with whom Messrs. Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and Solomon I. Hirsh, Attorney, National Labor Relations Board, were on the brief, for respondent.

Before EDGERTON, Senior Circuit Judge, and DANAHER and WRIGHT, Circuit Judges.

DANAHER, Circuit Judge:

The General Counsel's complaint charged that Struksnes Construction Co., Inc. of Minot, North Dakota (herein, Employer), had violated section 8(a) (1), 29 U.S.C. § 158(a) (1), by conducting an open, signed poll of its employees to determine whether they wished the Employer to bargain with the Union, and section 8(a) (5), 29 U.S.C. § 158(a) (5), by refusing to bargain with the Union. Reversing the Trial Examiner, a panel

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