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TRUCK DRIVERS UNION LOCAL NO. 413 v. N.L.R.B.

Nos. 71-1529, 72-1794.

487 F.2d 1099 (1973)

TRUCK DRIVERS UNION LOCAL NO. 413 etc. et al., Petitioner, v. NATIONAL LABOR RELATIONS BOARD. TEXTILE WORKERS UNION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided September 13, 1973.

Attorney(s) appearing for the Case

Laurence Gold, Washington, D.C., for petitioners. Sidney Dickstein, Washington, D.C., and Thomas F. Phalen, Jr., Dayton, Ohio, were on the brief for petitioner in No. 71-1529.

Patricia Eames, New York City, J. Albert Woll and Thomas E. Harris, Washington, D.C., were on the brief for petitioner in No. 72-1794.

Stanley R. Zirkin, Atty., National Labor Relations Board with whom Marcel Mallet-Prevost, Asst. Gen. Counsel, Washington, D. C., at the time the brief was filed, and Robert A. Giannasi, Atty. N.L.R.B., were on the brief, for respondent.

Before LEVENTHAL and ROBB, Circuit Judges and JAMESON, Senior United States District Judge for the District of Montana.

LEVENTHAL, Circuit Judge:

These consolidated appeals raise the question of the scope of an employer's duty to bargain, under Section 8(a)(5) of the National Labor Relations Act, on the basis of authorization cards obtained by the union, in light of NLRB v. Gissel Packing Co., 395 U.S. 575, 89 S.Ct. 1918, 23 L.Ed.2d 547 (1969). The cases require review of two orders of the National Labor Relations Board. The factual settings are closely...

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