ALLEGHENY GEN. HOSP. v. N. L. R. B.

Nos. 77-2090 and 79-1085.

608 F.2d 965 (1979)

ALLEGHENY GENERAL HOSPITAL, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, International Union of Operating Engineers, Local 95-95A, AFL-CIO, Intervenor. ALLEGHENY GENERAL HOSPITAL, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Third Circuit.

Decided November 7, 1979.


Attorney(s) appearing for the Case

H. Woodruff Turner, Kirkpatrick, Lockhart, Johnson & Hutchison, Pittsburgh, Pa., for petitioner.

Paul Spielberg, N.L.R.B., Washington, D.C., argued for respondent.

Timothy P. O'Reilly, Jacobs, Frobouck & Stabile, Pittsburgh, Pa., and Michael R. Fanning, Int'l Union of Operating Engineers, Washington, D.C., argued for intervenor, Int'l Union of Operating Engineers, etc.

Before ALDISERT and HUNTER, Circuit Judges, and CAHN, District Judge.


OPINION OF THE COURT

ALDISERT, Circuit Judge.

This petition for review of an order of the National Labor Relations Board requires us to review the actions of an agency that declines to follow our precedent while conceding applicability of that precedent. We hold that the NLRB must respect the applicable decisions of this court, and therefore we grant the petition for review and deny the Board's cross-petition for enforcement.

In 1971, Local 95 of...

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