No. 72-1115. Submitted November 13, 1972. Decided February 20, 1973. Rehearing and Rehearing En Banc Denied March 15, 1973. Jonathan Axelrod, Atty., N.L.R.B., Washington, D.C., for petitioner. John A. McGuinn, Washington, D.C., for respondent. Petition for review from the National Labor Relations Board. Before GIBSON and LAY, Circuit Judges, and DURFEE, Court of Claims Judge. United States Court of Claims Judge sitting by designation. GIBSON, Circuit Judge. The National Labor Relations Board seeks