U.S. SOIL CONDITIONING v. N. L. R. B.

Nos. 78-1322, 78-1902.

606 F.2d 940 (1979)

U.S. SOIL CONDITIONING, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Tenth Circuit.

Decided October 12, 1979.


Attorney(s) appearing for the Case

James E. Hartley, Denver, Colo. (Warren L. Tomlinson and Holland & Hart, Denver, Colo., of counsel, on brief), for petitioner.

Janet C. McCaa, N. L. R. B., Washington, D. C. (John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, and Elliott Moore, Deputy Associate Gen. Counsel, N. L. R. B., Washington, D. C., on brief), for respondent.

Before HOLLOWAY and DOYLE, Circuit Judges, and MATSCH, District Judge.


WILLIAM E. DOYLE, Circuit Judge.

The cause was argued and submitted to this court on September 13, 1979, on the petition of U.S. Soil Conditioning seeking a reversal of the decision of the NLRB entered on April 7, 1978. There is a cross-appeal on behalf of the NLRB seeking enforcement of its order. The original complaint alleged violations of § 8(a)(3) and (1) of the Act.

The complaint alleged that on June 2, 1976, the U.S. Soil Conditioning Company discharged...

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