National Labor Relations Board v. Dewey Portland Cement Company, Division of Martin Marietta Corporation

LEWIS, Circuit Judge.

The National Labor Relations Board seeks enforcement of an order issued June 5, 1963, the substance of which would require respondent to bargain collectively with United Cement, Lime and Gypsum Workers International Union, AFL-CIO, as the exclusive bargaining representative of the company’s production and maintenance employees. Respondent admits its refusal to bargain but denies the commission of an unfair labor practice under section 8(a) (5) and (1) of the National Labor Relations Act,. 29 U.S.C. § 151 et seq., through assertion that the Board did not validly determine…