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N. L. R. B. v. MASSACHUSETTS MACH. & STAMPING, INC.

No. 77-1450.

578 F.2d 15 (1978)

NATIONAL LABOR RELATIONS BOARD, Petitioner, and United Electrical, Radio & Machine Workers of America (UE), Intervenor, v. MASSACHUSETTS MACHINE AND STAMPING, INC. (formerly Massachusetts Machine Shop, Inc.), Respondent.

United States Court of Appeals, First Circuit.

Decided June 28, 1978.

Attorney(s) appearing for the Case

Bernard P. Jeweler, Atty., Washington, D.C., with whom Paul J. Spielberg, Deputy Asst. Gen. Counsel, John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel, and Elliott Moore, Deputy Associate Gen. Counsel, Washington, D.C., were on brief, for petitioner.

Allan A. Tepper, Boston, Mass., with whom Snyder, Tepper & Berlin, Boston, Mass., was on brief, for respondent.

Robert Z. Lewis, Frank J. Donner, and Leonard D. Polletta, New York City, on brief for intervenor, United Electrical, Radio and Machine Workers of America.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

BOWNES, Circuit Judge.

Massachusetts Machine and Stamping, Inc., seeks review and the National Labor Relations Board seeks enforcement of a Board order which, in a split decision, reversed the administrative law judge (ALJ) and found that the Company had violated section 8(a)(5) of the National Labor Relations Act, 29 U.S.C. § 158(a)(5). The Board unanimously affirmed the ALJ's finding of a violation of section 8(a)(1) of the Act, 29 U.S.C. § 158(a)(1),...

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