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AMAX COAL CO. v. N.L.R.B.

Nos. 78-2310, 78-2489.

614 F.2d 872 (1980)

AMAX COAL COMPANY, a Division of Amax, Inc., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, United Mine Workers of America, Local No. 1854, and United Mine Workers of America, Intervenors. UNITED MINE WORKERS OF AMERICA, LOCAL NO. 1854 and United Mine Workers of America, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Amax Coal Company, a Division of Amax, Inc., Intervenor.

United States Court of Appeals, Third Circuit.

Decided February 1, 1980.

As Amended February 12, 1980.

Attorney(s) appearing for the Case

Daniel F. Gruender (argued), and Philip M. Prince, Shimmel, Hill, Bishop & Gruender, P. C., Phoenix, Ariz., Raymond K. Denworth, Jr., Drinker, Biddle & Reath, Philadelphia, Pa., for Amax Coal Co.

Carol A. De Deo, Richard B. Bader (argued), Attys., 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, N. L. R. B., Washington, D. C., for National Labor Relations Board.

J. Craig Kuhn (argued), and Melvin P. Stein (argued), Pittsburgh, Pa., Harrison Combs, Gen. Counsel, Willard P. Owens, Counsel, United Mine Workers of America, Washington, D. C., Paul M. Puskar, Kuhn, Engle & Stein, Pittsburgh, Pa., for United Mine Workers of America.

Before GIBBONS and HIGGINBOTHAM, Circuit Judges and ZIEGLER, District Judge.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

This case is before the Court upon the petitions of Amax Coal Company, a division of Amax, Inc., (Amax or the Company) and the United Mine Workers of America (the Union or UMWA) to review an order of the National Labor Relations Board (the Board). The Board found that the Union violated the National Labor Relations Act, 29 U.S.C. §§ 151 et seq., (the Act) by threatening to strike...

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