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METROPOLITAN EDISON CO. v. N. L. R. B.

No. 80-2588.

663 F.2d 478 (1981)

METROPOLITAN EDISON COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Local Union 563, International Brotherhood of Electrical Workers, Intervenor.

United States Court of Appeals, Third Circuit.

Decided November 13, 1981.

Rehearing and Rehearing Denied January 5, 1982.

Attorney(s) appearing for the Case

Anthony A. DeSabato (argued), George A. Burnstein, Kleinbard, Bell & Brecker, Philadelphia, Pa., for petitioner.

Robert G. Sewell, Michael R. White (argued), Attys., N.L.R.B., 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, N.L.R.B., Washington, D. C., for respondent.

Paul Alan Levy (argued), Alan B. Morrison, Public Citizens Litigation Group, Washington, D. C., for intervenor.

Before SEITZ, Chief Judge, and VAN DUSEN and HIGGINBOTHAM, Circuit Judges.

Rehearing and Rehearing In Banc Denied January 5, 1982.

OPINION OF THE COURT

SEITZ, Chief Judge.

Metropolitan Edison Company (the Company) petitions for review of an order of the National Labor Relations Board (the Board) finding that the Company violated section 8(a)(1) and (3) of the National Labor Relations Act (the Act) by disciplining two officers of intervenor Local Union 563 (the Local) more severely than rank-and-file members for participating...

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