No. 11816. April 16, 1953. George J. Bott and A. Norman Somers, Washington, D.C., for petitioner. Robert T. Caldwell, Ashland, Ky., for respondent. Before ALLEN, MARTIN and McALLISTER, Circuit Judges. PER CURIAM. The above cause came on to be heard upon the record, the briefs of the parties, and the argument of counsel. The Board found that respondent refused to bargain collectively with the certified bargaining representative in violation of Section 8(a)(5) and (1) of the Act, 29 U.S.C.A. § 158(a)