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= 10 = the company had a closed-shop agreement with United and that they would have to join the United if the wished to work After Elshoff obtained the injunction, he made an attempt to reopen the mine on December 13, 1937, but appar- ently only about twelve members of United showed up, The NLRB held an election on December 15, 1937, which resulted in a vote of 404 to 25 in favor of the Progressives and on January a agent. Again on Jamary 4, 1938, Eishoft made another un successful attanpt to reo th petusi ne to deal with the Progressives. 5 As to each of these three attempts to reopen, in- quiries should be directed to ascertain (a) Whether Elshoff was impartial in notifying both unions that he planned to reopen. (ob) Whether there was connivance between Elshoff and U. M. W. in setting the date. bB The, 250 . Faye