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

No. 74-2163.

530 F.2d 266 (1976)

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

United States Court of Appeals, Third Circuit.

Decided January 8, 1976.

Attorney(s) appearing for the Case

Michael H. Gottesman, Robert M. Weinberg, Bredhoff, Cushman, Gottesman & Cohen, Washington, D.C., Warren H. Pyle, Angoff, Goldman, Manning, Pyle & Wanger, Boston, Mass., for petitioner; Bernard Kleiman, Chicago, Ill., of counsel.

Elliott Moore, Deputy Associate Gen. Counsel, Peter M. Bernstein, Atty., Peter G. Nash, Gen. Counsel, John S. Irving, Deputy Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, N. L. R. B., Washington, D.C., for respondent.

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

Before ALDISERT, GIBBONS and WEIS, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The major question in this petition for review and cross-application for enforcement of a National Labor Relations Board order is whether the Board should have considered the effect of Boys Markets, Inc. v. Retail Clerks Union, 398 U.S. 235, 90 S.Ct. 1583, 26 L.Ed.2d 199 (1970). The Board found that the company had committed an unfair labor practice, and that the union struck...

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