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AMCAR DIVISION, ACF INDUSTRIES, INC. v. N.L.R.B.

No. 77-1713.

592 F.2d 422 (1979)

AMCAR DIVISION, ACF INDUSTRIES, INCORPORATED, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Brotherhood of Railway Carmen of the United States and Canada, Lodge 365, AFL-CIO-CLC, Intervenor-Respondent.

United States Court of Appeals, Eighth Circuit.

Decided February 6, 1979.

Attorney(s) appearing for the Case

John E. Jay of Parker, Chapin, Flattau & Klimpl, New York City, for petitioner; Johnna G. Torsone, New York City, on the brief.

John H. Ferguson, Atty., N.L.R.B., Washington, D.C., for respondent; Frederick Havard, Atty., 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., on the brief.

Charles A. Werner of Schuchat, Cook & Werner, St. Louis, Mo., for intervenor-respondent.

Before VAN OOSTERHOUT, Senior Circuit Judge, LAY, Circuit Judge, and VAN PELT, Senior District Judge.

VAN PELT, Senior District Judge.

This matter is before the court upon the petition of AMCAR Division, ACF Industries, Inc. (AMCAR) for review and on cross-petition of the National Relations Board (NLRB) for enforcement of an NLRB Order.1

The NLRB affirmed the rulings, findings and conclusions of the Administrative Law Judge who heard this case. The Administrative Law Judge concluded that AMCAR had violated Sections 8(a)(5) and...

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