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MONONGAHELA POWER CO. v. N. L. R. B.

No. 80-1706.

657 F.2d 608 (1981)

MONONGAHELA POWER COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided August 24, 1981.

Attorney(s) appearing for the Case

John C. Unkovic, Pittsburgh, Pa. (James P. Hollihan, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., on brief), for petitioner.

Jerrold J. Wohlgemuth, 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, Washington, D. C., on brief), for respondent.

Before BUTZNER and HALL, Circuit Judges, and ERWIN, District Judge.

ERWIN, District Judge:

Monongahela Power Company (the Company) petitions this court to review an order of the National Labor Relations Board issued on September 30, 1980. The Board has filed a cross-application for enforcement of its order. The Company has refused to bargain with the International Brotherhood of Electrical Workers (the Union) on the grounds that (1) the bargaining unit certified by the Board is improper, because it includes control room foremen (CRF...

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