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PEOPLES GAS SYSTEM, INC. v. N. L. R. B.

No. 78-2330.

629 F.2d 35 (1980)

PEOPLES GAS SYSTEM, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Teamsters Local Union No. 769, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 2, 1980.

Attorney(s) appearing for the Case

E. John Dinkel, III, Tampa, Fla., for petitioner.

Paul J. Spielberg, Deputy Asst. Gen. Counsel, N. L. R. B., Washington, D. C., with whom John S. Irving, General Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel and Morton Namrow, Atty., N. L. R. B., Washington, D. C., were on brief, for respondent.

William T. Coleman, Jr., Washington, D. C., for intervenors.

Before ROBB, WILKEY and WALD, Circuit Judges.

Opinion for the Court filed by Circuit Judge, WALD.

Opinion concurring in part and dissenting in part filed by Circuit Judge ROBB.

WALD, Circuit Judge:

This refusal-to-bargain case has had an unfortunately long and complicated history, ranging back over seven years. At this point, our decision must come to grips with two issues, the same two issues in dispute when an administrative law judge first considered the case many years ago: whether the employer...

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