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NEWPORT NEWS SHIPBUILDING & DRY DOCK v. N. L. R. B.

Nos. 80-1342, 80-1347.

633 F.2d 1079 (1980)

NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, Appellee, and The Designers Committee to Decertify, Appellee, v. NATIONAL LABOR RELATIONS BOARD; John H. Fanning; Howard Jenkins, Jr.; John A. Penello; John C. Truesdale, in their capacity as members of the National Labor Relations Board; William C. Humphrey, as Regional Director, Region 5, National Labor Relations Board, Appellants, and United Steelworkers of America, AFL-CIO, Intervening Defendant. NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, Appellee, and The Designers Committee to Decertify, Appellee, v. The NATIONAL LABOR RELATIONS BOARD; John H. Fanning; Howard Jenkins, Jr.; John A. Penello; John C. Truesdale, in their capacity as members of the National Labor Relations Board, and William C. Humphrey as Regional Director, Region 5, National Labor Relations Board, Defendants, and United Steelworkers of America, AFL-CIO, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided October 9, 1980.

Attorney(s) appearing for the Case

Peter Winkler, N.L.R.B., Washington, D.C. (William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Aileen A. Armstrong, Asst. Gen. Counsel, Washington, D.C., for Special Litigation on brief), for appellants.

Richard J. Brean, Pittsburgh, Pa. (Carl B. Frankel, Pittsburgh, Pa., C. T. Neale, III, Hudgins & Neale, Newport News, Va., Bredhoff, Gottesman, Cohen & Weinberg, Washington, D.C., Bernard Kleiman, Chicago, Ill., on brief), for United Steelworkers of America, AFL-CIO-CLC.

Andrew M. Kramer, Washington, D.C. (Seyfarth, Shaw, Fairweather & Geraldson, Washington, D.C., on brief), for appellees.

Before FIELD, Senior Circuit Judge, and HALL and SPROUSE, Circuit Judges.

SPROUSE, Circuit Judge:

The National Labor Relations Board (Board), and the United Steelworkers of America (Union), appeal the district court's summary judgment in favor of appellees Newport News Shipbuilding and Dry Dock Company (Company) and The Designers Committee to Decertify (Committee). The court ordered the Board to reinstate and further investigate the Committee's decertification petition. Since we conclude that the district court lacked subject matter jurisdiction...

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