NATIONAL LABOR RELATIONS BOARD, Petitioner,
v.
EASTERN SMELTING AND REFINING CORPORATION, Respondent.
NATIONAL LABOR RELATIONS BOARD, Petitioner,
v.
BARNES AND NOBLE BOOKSTORES, INC., Respondent, and
NATIONAL LABOR RELATIONS BOARD, Petitioner,
v.
WONDER MARKETS, INC., Respondent.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Argued March 5, 6, 7 & 8, 1979.
Decided May 14, 1979.
Attorney(s) appearing for the Case
Paul J. Spielberg, Deputy Asst. Gen. Counsel, W. Christian Schumann, Stephen Mayer and Ruah Donnelly Lahey, Attys., Washington, D. C., with whom John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, John G. Elligers, Frederick Havard, Howard E. Perlstein, and Morton Namrow, Attys., Washington, D. C., were on briefs for petitioner.
Harold N. Mack, Boston, Mass., with whom Philip J. Moss, and Morgan, Brown, Kearns & Joy, Boston, Mass., were on brief for respondent in No. 78-1453.
Jeffrey L. Kreisberg, Hauppauge, N. Y., with whom Robert S. Saltzstein, and Mirkin, Barre, Saltzstein & Gordon, P. C., Hauppauge, N. Y., were on brief for respondent in No. 78-1452.
Sidney A. Coven, Boston, Mass., with whom Bruce Oravec, Worchester, Mass., and Lepie & Coven, Boston, Mass., were on brief for respondent in No. 78-1370.
David E. Watson, Boston, Mass., with whom Nutter, McClennen & Fish, Boston, Mass., Gerald E. Rudman, and Rudman, Winchell, Carter & Buckley, Bangor, Maine, were on brief for respondent in No. 78-1422.
Before ALDRICH and CAMPBELL, Circuit Judges, GIGNOUX, District Judge.*
United States Court of Appeals, First Circuit.
ALDRICH, Senior Circuit Judge.
The fact that four cases involving, broadly, a single principle on which this Circuit and the National Labor Relations Board have been in disagreement for over a decade, were heard in a single week, suggests that we should once more consolidate past decisions and set out our views. The issue is the proper analysis in cases challenging the discharge of an employee under sections 8(a)(1) and (3) of the Act. 29 U.S.C. §§ 158(a...
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