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MOUNTAINEER SHAFT AND TUNNEL CONSTRUCTION CO. v. NATIONAL LABOR RELATIONS BOARD

No. 78-1097.

624 F.2d 50 (1980)

MOUNTAINEER SHAFT AND TUNNEL CONSTRUCTION COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, United Mine Workers of America, Intervenor.

United States Court of Appeals, Sixth Circuit.

June 27, 1980.

Attorney(s) appearing for the Case

Donald L. Rosenthal, Loomis, Owen, Fellman & Coleman, William H. Howe, Richard A. Steyer, Washington, D.C., for petitioner.

Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., John Ferguson, Frederick Havard, Washington, D.C., Emil Farkas, Director, Region 9, N.L.R.B., Cincinnati, Ohio, for respondent.

Harrison Combs, Washington, D.C., John B. Rayson, Knoxville, Tenn., for intervenor United Mine Workers of America.

Before CELEBREZZE, ENGEL and MARTIN, Circuit Judges.

ORDER

This matter is before the court upon cross-petitions for review and enforcement respectively of an order of the National Labor Relations Board, 234 NLRB 929 (1978), determining that petitioner Mountaineer Shaft and Tunnel Construction Company (Mountaineer) violated section 8(a)(2) and (1) of the National Labor Relations Act. The Board found that Mountaineer unlawfully recognized the Southern Labor Union (SLU) as the collective bargaining agent for its employees...

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