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DELCO-REMY DIV., GENERAL MOTORS CORP. v. N.L.R.B.

No. 78-1523.

596 F.2d 1295 (1979)

DELCO-REMY DIVISION, GENERAL MOTORS CORPORATION, Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

June 18, 1979.

Attorney(s) appearing for the Case

Wendell R. Tucker, Otis M. Smith, Eugene L. Hartwig, J. R. Wheatley, Edmond J. Dilworth, Jr., Detroit, Mich., for petitioner, cross-respondent.

James D. Fagan, Jr., Morgan C. Stanford, Atlanta, Ga., for Internat'l Union, etc.

Elliott Moore, Deputy Assoc. Gen. Counsel, John S. Irving, Gen. Counsel, Corinna L. Metcalf, N.L.R.B., Washington, D. C., Stanford, Buffington, Fagan & Giolito, Atlanta, Ga., for respondent, cross-petitioner.

Walter C. Phillips, Regional Director, Atlanta, Ga., for other interested party.

Before BROWN, Chief Judge, COLEMAN and TJOFLAT, Circuit Judges.

COLEMAN, Circuit Judge.

We have this case on a petition for review of an order of the National Labor Relations Board, 234 NLRB 144 (February 17, 1978). We set aside the Board order.

The Board found that Delco-Remy had violated §§ 8(a)(1) and 8(a)(3) of the National Labor Relations Act, 29 U.S.C. § 151, et seq., by (1) discharging Barbara Rawls and Albert Phillips because of their union activities...

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