Nos. 81-7471, 81-7592, 728 F.2d 1274 (9th Cir. 1984)

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US Court of Appeals for the Ninth Circuit - 728 F.2d 1274 (9th Cir. 1984)

March 22, 1984

Henry R. Telfeian, McLaughlin & Irvin, Norman Leonard, San Francisco, Cal., for petitioner.

David R. Marshall, N.L.R.B., Washington, D.C., for respondent.

Petition for Review of a Decision of the National Labor Relations Board.

Before KENNEDY, ALARCON and NELSON, Circuit Judges.

Pursuant to the decision filed by the en banc court in this case on February 13, 1984, 725 F.2d 1204, the opinion previously filed by the above panel on April 7, 1983 is hereby modified. Since the en banc court overruled Anja Engineering Corp. v. NLRB, 685 F.2d 292 (9th Cir. 1982), our previous order, see 703 F.2d 410 (9th Cir. 1983) to remand for consideration whether to order a new election is withdrawn, as no remand is necessary.

We reverse the unfair labor practice findings on the Board's third charge, and affirm the unfair labor practice findings on the first, second and fourth charges.