National Labor Relations Board v. Tampa Crown Distributors, Inc.

RIVES, Chief Judge.

While the ruling of the Board on the earlier representation proceeding 1 was not subject to direct review under the statute, that ruling is subject to challenge when, as here, a complaint of unfair practices is made predicated upon the ruling. 2

The parties agree that the questions presented for decision are:

“1. Whether the Board properly concluded that the conduct alleged by respondent did not warrant setting aside the election, and that thus respondent’s failure to honor the certification based thereon was vio-lative of Section 8(a)(5) and (1) of the Act [29 U.S.C.A. §…