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N. L. R. B. v. UNION CARBIDE CORPORATION

No. 14210.

440 F.2d 54 (1971)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. UNION CARBIDE CORPORATION, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided January 5, 1971.

As Amended on Denial of Rehearing February 23, 1971.

Attorney(s) appearing for the Case

John D. Burgoyne, Atty., N. L. R. B. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Donald W. Savelson, Atty., N. L. R. B., on the brief), for petitioner.

Jack P. Simpson, New York City (David D. Johnson, Jackson, Kelly, Holt & O'Farrell, Charleston, W. Va., on the brief), for respondent.

Before MURRAH, Senior Circuit Judge, and BRYAN and BUTZNER, Circuit Judges.

MURRAH, Senior Circuit Judge.

This enforcement proceeding involves the relative rights of nonstriking employees who were discharged for refusing to cross a picket line maintained by striking employees of a common employer. The basic facts are not in dispute.

Moss, Mullins and Withrow were employed by Union Carbide in the construction division of the Engineering Department and were working at Union Carbide's South Charleston...

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