National Labor Relations Board v. Morganton Full Fashioned Hosiery Company and Huffman Full Fashioned Hosiery Mills, Inc.

SOPER, Circuit Judge.

This petition for enforcement of an order of the National Labor Relations Board calls for consideration of a section of the Labor Act, 29 U.S.C.A. § 159 (c) (5) which provides that, in determining the appropriate unit of employees for purposes of collective bargaining, the extent to which the employees have organized shall not be controlling. We dismissed a similar petition for enforcement in N. L. R. B. v. Glen Raven Knitting Mills, Inc., 4 Cir., 235 F.2d 413, on the ground that the Board had failed to observe this provision of the Act, and the respondents contend that…