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AMCAR DIVISION v. N.L.R.B.

No. 78-1386.

596 F.2d 1344 (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 March 29, 1979.

Rehearing Denied May 15, 1979.

Rehearing and Rehearing Denied June 11, 1979.

Attorney(s) appearing for the Case

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

Andrew Tranovich, Atty., Appellate Section, N.L.R.B., Washington, D.C., for respondent, N.L.R.B.; John H. Ferguson, Atty., 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, Washington, D.C., on brief.

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

Before HEANEY and McMILLIAN, Circuit Judges, and SCHATZ, District Judge.

Rehearing Denied May 15, 1979. Rehearing and Rehearing En Banc Denied June 11, 1979.

HEANEY, Circuit Judge.

This matter is before the Court upon the petition of AMCAR Division, ACF Industries, Incorporated, for review of an order of the National Labor Relations Board and the cross-application of the Board for the enforcement of the order.1 The Board found that AMCAR had violated §...

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