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NEWPORT NEWS SHIPBUILDING & DRY DOCK v. N. L. R. B.

Nos. 79-1393, 79-1400.

608 F.2d 108 (1979)

NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, United Steelworkers of America, AFL-CIO, Intervenor. PENINSULA SHIPBUILDERS ASSOCIATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, United Steelworkers of America, AFL-CIO, Intervenor. Commonwealth of Virginia, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided October 11, 1979.

Attorney(s) appearing for the Case

Andrew M. Kramer, Washington, D. C. (Deborah Crandall, Seyfarth, Shaw, Fairweather & Geraldson, Washington, D. C., on brief), for petitioner Newport News Shipbuilding & Dry Dock Co.

E. D. David, Newport News, Va. (Herbert V. Kelly, Harry J. Kostel, Meryl D. Moore, Marla Joy Melman, Jones, Blechman, Woltz & Kelly, P. C., Newport News, Va., on brief), for petitioner Peninsula Shipbuilders' Association.

Elliott Moore, Deputy Associate Gen. Counsel, Washington, D. C. (John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Standau E. Weinbrecht, Washington, D. C., on brief), for respondent National Labor Relations Board.

Carl B. Frankel, Washington, D.C. (Bernard Kleiman, Chicago, Ill., Bredhoff, Gottesman, Cohen & Weinberg, Washington, D. C., on brief), for intervenor United Steelworkers of America, AFL-CIO.

Before HAYNSWORTH, Chief Judge, WINTER, Circuit Judge, and KAUFMAN, District Judge.

WINTER, Circuit Judge:

The petition of Newport News Shipbuilding and Dry Dock Company (the Company) to review and set aside a supplemental order of the Board directing it to bargain, and the Board's cross-petition to enforce the order, bring to us once again the question of the validity of the election which resulted in the certification of United Steelworkers of America (the Union) as the bargaining representative of the Company's 19,000 production and maintenance...

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