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DOW CHEMICAL CO. v. N.L.R.B.

No. 79-2664.

636 F.2d 1352 (1980)

The DOW CHEMICAL COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, United Steelworkers of America, AFL-CIO-CLC, Intervenor.

United States Court of Appeals, Third Circuit.

Decided November 26, 1980.

As Amended December 17, 1980 and January 8, 1981.

Rehearing and Rehearing March 26, 1981.

Attorney(s) appearing for the Case

Kenneth G. McGuiness, Robert E. Williams (argued), Daniel R. Levinson, McGuiness & Williams, Washington, D. C., for Dow Chemical Co.; John E. Dicks, Charles C. Carey, Midland, Mich., of counsel.

David A. Fleischer (argued), William A. Lubbers, 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 the N. L. R. B.

Robert M. Weinberg (argued), Michael H. Gottesman, Bredhoff, Gottesman, Cohen, Chanin, Weinberg & Petramalo, Washington, D. C., Warren H. Pyle, Angoff, Goldman, Manning, Pyle & Wanger, Boston, Mass., for intervenor United Steelworkers of America, AFL-CIO-CLC; Bernard Kleinman, Chicago, Ill., of counsel.

Before GIBBONS, WEIS and SLOVITER, Circuit Judges.

Rehearing and Rehearing In Banc March 26, 1981.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Dow Chemical Company (Dow) petitions under section 10(f) of the National Labor Relations Act, (the Act) 29 U.S.C. § 160(f), to review an order of the National Labor Relations Board issued against it in unfair labor practice proceedings in which the United Steelworkers of America, AFL-CIO-CLC (the Union) was the charging party. The Board has cross-petitioned...

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