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BLACK HAWK CORPORATION v. N. L. R. B.

No. 13746.

431 F.2d 900 (1970)

The BLACK HAWK CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided July 27, 1970.

As Modified September 10, 1970.

Attorney(s) appearing for the Case

W. S. Blakeney, Charlotte, N. C. (Blakeney, Alexander & Machen, Charlotte, N. C., on brief), for petitioner.

Robert E. Williams, Atty., N. L. R. B. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and William F. Wachter, Atty., National Labor Relations Board, on brief), for respondent.

Cornelius J. Collins, Jr., New York City (Patricia E. Eames, Gen. Counsel, Industrial Union Department, AFL-CIO, and Textile Workers Union of America, AFL-CIO, on brief), for intervenors.

Before BOREMAN, BRYAN and WINTER, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge:

Here in question is the National Labor Relations Board's finding that Black Hawk Corporation violated section 8(a) (3) and (a) (1) of the Labor Relations Act, 29 U.S.C. § 158(a) (3) and (a) (1), by the 1967 layoff of 17 employees. Specifically, the Board found they were thus penalized because of their union leanings and in order to affect the outcome of a pending representation election. The decision is attacked by the Company...

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