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ROADWAY EXP., INC. v. N.L.R.B.

No. 80-1520.

647 F.2d 415 (1981)

ROADWAY EXPRESS, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided April 24, 1981.

Attorney(s) appearing for the Case

Frank W. Stegman, Washington, D. C. (Charles P. O'Connor, Morgan, Lewis & Bockius, Washington, D. C., Jack F. Canady, Jack E. Thornton, Jr., Blackwell, Blackwell, Canady & Eller, Winston-Salem, N. C., on brief), for petitioner.

Christopher W. Katzenbach, N. L. R. B., Washington, D. C. (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, John E. Elligers, Washington, D. C., on brief), for respondent.

Before RUSSELL, MURNAGHAN and ERVIN, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

This matter is before us on the application of the petitioner-employer to review a decision and order of the National Labor Relations Board,1 and on a cross-application by the Board for enforcement of its order. The issue is whether the Board should have deferred to a voluntary settlement between the petitioner and the employee-grievant Brown of the grievance which later became the basis for the unfair labor...

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