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KOHLS v. N. L. R. B.

Nos. 79-1424, 79-1743.

629 F.2d 173 (1980)

Leo G. KOHLS, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and United Parcel Service, Intervenor. UNITED PARCEL SERVICE, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Leo G. Kohls, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 18, 1980.

Rehearing Denied August 25, 1980.

Attorney(s) appearing for the Case

J. Mack Swigert, Cincinnati, Ohio, with whom Martin Wald, Philadelphia, Pa., and Randolph J. Stayin, Washington, D. C., were on brief, for United Parcel Service, petitioner in No. 79-1743 and intervenor in No. 79-1424.

Arthur L. Fox, II, Washington, D. C., for petitioner in No. 79-1424 and intervenor in No. 79-1743.

Susan L. Dolin, Atty., N. L. R. B., Washington, D. C., with whom Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel and Jay E. Shanklin, Atty., N. L. R. B., Washington, D. C., were on brief, for respondent.

Before McGOWAN and EDWARDS, Circuit Judges, and FRIEDMAN, Chief Judge, Court of Claims.

Opinion for the court filed by Circuit Judge EDWARDS.

EDWARDS, Circuit Judge:

This case arises from a decision by the National Labor Relations Board (the "Board") that United Parcel Service (UPS) committed an unfair labor practice in violation of section 8(a)(1) of the National Labor Relations Act1 (NLRA) when it fired Leo Kohls for refusing to drive a truck that he believed to be unsafe. Under the doctrine announced in Interboro...

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