No. 77-1495. Argued December 8, 1977. Decided March 9, 1978. Dorothy L. Moore, N.L.R.B., Washington, D.C., for petitioner. Joseph W. Weigel, Milwaukee, Wisc., for respondent. Petition for review from the National Labor Relations Board. Before CUMMINGS, SPRECHER and WOOD, Circuit Judges. PER CURIAM. In February 1977, the National Labor Relations Board ordered respondent Custom Excavating Company to cease and desist from refusing to bargain with Local 139 of the International Union of Operating Engineers