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BERRY SCHOOLS v. N. L. R. B.

Nos. 78-1594, 78-1766.

627 F.2d 692 (1980)

The BERRY SCHOOLS, Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner. N. Gordon CARPER, Joyce Carper, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Fifth Circuit.

October 8, 1980.

Attorney(s) appearing for the Case

Fisher & Phillips, Atlanta, Ga., for petitioner cross-respondent in No. 78-1594.

Robert W. Ashmore, R. Mason Barge, Atlanta, Ga., for Berry Schools.

Bronson, Woolf & Corn, Charles T. Corn, O. Frank Woolf, Atlanta, Ga., for petitioners in No. 78-1766.

Elliott Moore, Deputy Assoc. Gen. Counsel, Howard E. Perlstein, Sandra S. Elligers, N.L.R.B., Washington, D.C., Attys., for respondent N.L.R.B.

Robert W. Ashmore, R. Mason Barge, Atlanta, Ga., for intervenor.

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

JOHN R. BROWN, Circuit Judge:

These two consolidated cases involve unfair labor practices allegedly committed by the Berry Schools in reaction to its college faculty's initial steps toward unionization. After engaging in this activity, Dr. Gordon Carper was demoted from his position as chairman of the Department of Social Sciences, and Dr. Joyce Jackson was not promoted to full professor, a position for which she was eligible at that time.

Both faculty members...

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