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N. L. R. B. v. SAMURAI, INC.

No. 77-1439.

609 F.2d 864 (1979)

NATIONAL LABOR RELATIONS BOARD, Petitioner, Hotel, Motel, Restaurant Employees and Bartenders Union, Local 12, Hotel and Restaurant Employees and Bartenders International Union, AFL-CIO, Intervenor, v. The SAMURAI, INC., d/b/a the Samurai/Kabuki Japanese Steak House, Respondent.

United States Court of Appeals, Sixth Circuit.

Rehearing and Rehearing Denied January 22, 1980.

Attorney(s) appearing for the Case

Elliott Moore, Paul J. Spielberg, Deputy Associate Gen. Counsel, Susan Dalin, Ruth E. Peters, John S. Irving, N. L. R. B., Washington, D. C., for the N. L. R. B.

Jerry F. Venn, Kevin P. Jones, Cincinnati, Ohio, for intervenor.

Paul H. Tobias, Tobias & Kraus, Cincinnati, Ohio, for respondent.

Before CELEBREZZE, MERRITT and KENNEDY, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 22, 1980.

ORDER

Petitioner NLRB, together with Hotel, Motel, Restaurants and Bartenders Union Local # 12 AFL-CIO as Intervenor, seeks enforcement of its order that Samurai enter into collective bargaining. We hold that the findings underlying the order are not supported by substantial evidence. We, therefore, deny enforcement.

On December 16, 1974, the Union filed a representation petition with the Board...

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