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NATIONAL CASH REGISTER COMPANY v. N. L. R. B.

Nos. 71-1454, 71-1508.

466 F.2d 945 (1972)

The NATIONAL CASH REGISTER COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL CASH REGISTER EMPLOYEES' INDEPENDENT UNION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Sixth Circuit.

August 18, 1972.

Attorney(s) appearing for the Case

J. Mack Swigert, Cincinnati, Ohio, for petitioner National Cash Register Co.; Arnold I. Schwartzman, Cincinnati, Ohio, B. Lyle Shafer, William C. Brafford, Dayton, Ohio, on brief.

Paul H. Tobias, Cincinnati, Ohio, for Union.

John D. Burgoyne, N.L.R.B., Washington, D. C., for the N.L.R.B.; Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., Morton Namrow, Washington, D. C., John C. Getreu, Regional Director, 9th Region, N.L.R.B., Cincinnati, Ohio, on brief.

Before EDWARDS, CELEBREZZE and McCREE, Circuit Judges.

McCREE, Circuit Judge.

The National Cash Register Company (NCR) and the NCR Employees' Independent Union (EIU) petition for review of an order of the National Labor Relations Board (NLRB or Board), and the Board cross-petitions for enforcement of its order. As modified by this opinion, the Board's order is enforced.

I. THE FACTS

In the fall of 1968, NCR and the EIU were negotiating over the terms of a new collective bargaining agreement to cover...

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