UNITED STEELWORKERS OF AMERICA, AFL-CIO v. N.L.R.B.

No. 75-1737.

536 F.2d 550 (1976)

UNITED STEELWORKERS OF AMERICA, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, The Dow Chemical Company, Intervenor.

United States Court of Appeals, Third Circuit.

Decided May 18, 1976.


Attorney(s) appearing for the Case

Carl B. Frankel, William H. Schmelling, Pittsburgh, Pa., Bernard Kleiman, Chicago, Ill., Bredhoff, Cushman, Gottesman & Cohen, Washington, D. C., for petitioner.

Peter M. Bernstein, John S. Irving, Jr., Elliott Moore, Washington, D. C., for respondent.

Kenneth C. McGuiness, Robert E. Williams, Washington, D. C., Thomas W. Misner, Midland, Mich., for intervenor.

Before GIBBONS, BIGGS and HUNTER, Circuit Judges.


OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

Section 9(a) of the National Labor Relations Act, as amended ("the Act"), 29 U.S.C. § 159(a),1 requires that a collective bargaining representative be given the opportunity to be present on any occasion when employee grievances are adjusted by the employer. This right, like others in the labor relations field,2 may be relinquished by the...

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