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D'AMICO v. N.L.R.B.

No. 77-2091.

582 F.2d 820 (1978)

Anna M. D'AMICO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, United Electrical, Radio and Machine Workers of America, Intervenor.

United States Court of Appeals, Third Circuit.

Decided August 24, 1978.

Attorney(s) appearing for the Case

Perry F. DiCola, Pittsburgh, Pa., for petitioner.

Robert Z. Lewis, Frank J. Donner, Leonard D. Polletta, New York City, for intervenor.

Elliott Moore, Deputy Associate Gen. Counsel, John D. Burgoyne, Asst. Gen. Counsel, Joseph P. Norelli, N.L.R.B., Washington, D. C., for respondent.

Before SEITZ, Chief Judge, ALDISERT, Circuit Judge, and STERN, District Judge.

OPINION OF THE COURT

SEITZ, Chief Judge.

This petition of Anna M. D'Amico (petitioner) to review a decision and order of the National Labor Relations Board (Board), 230 N.L.R.B. No. 59 (June 23, 1977), raises an important issue as to the validity of a clause in a collective bargaining agreement granting, inter alia, a union recording secretary superseniority in case of layoffs.

The undisputed facts may be summarized. Limpco Manufacturing,...

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