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COOK PAINT & VARNISH CO. v. N. L. R. B.

No. 79-2557.

648 F.2d 712 (1981)

COOK PAINT AND VARNISH COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided April 2, 1981.

Attorney(s) appearing for the Case

Edward T. Matheny, Jr., Kansas City, Mo., with whom Linda J. French, Shawnee Mission, Kan., on brief, for petitioner.

Michael Smith, a member of the bar of the Supreme Court of the State of Washington, on motion of Paul J. Spielberg, was allowed to argue pro hac vice for respondent (NLRB), with whom Paul J. Spielberg, Deputy Asst. Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Washington, D. C., were on brief, for respondent.

Opinion for the court filed by Circuit Judge HARRY T. EDWARDS.

Opinion dissenting in part filed by Circuit Judge ROBB.

Dissenting opinion filed by Circuit Judge J. SKELLY WRIGHT.

HARRY T. EDWARDS, Circuit Judge:

At issue in this case is whether an employer violates Section 8(a)(1) of the National Labor Relations Act ("NLRA" or the "Act")1 by seeking to compel employees, at an investigatory interview, to respond to questions raised by company counsel relating to a union grievance that...

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