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N.L.R.B. v. AMERICAN CAN CO.

No. 80-1173.

658 F.2d 746 (1981)

NATIONAL LABOR RELATIONS BOARD, Petitioner, and Stanley H. Egan and Donald R. Egan, Intervenors, v. The AMERICAN CAN COMPANY; United Steelworkers of America, and Local 5490 of the United Steelworkers of America, Respondents.

United States Court of Appeals, Tenth Circuit.

Decided August 31, 1981.

Attorney(s) appearing for the Case

John D. Burgoyne, Asst. Gen. Counsel, National Labor Relations Board, 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, N. L. R. B., Washington, D. C., with him on the brief), for petitioner.

James S. Frank, Simpson, Thacher & Bartlett, New York City (Martin H. Zuckerman and Cecelia T. Roudiez, Simpson, Thacher & Bartlett, New York City, on the brief), for respondent American Can Co.

Richard Breen, Chicago, Ill. (David L. Gore, Bernard Kleiman, Chicago, Ill., with him on the brief), for respondents United Steelworkers of America and Local 5490 of the United Steelworkers of America.

Before DOYLE, McKAY and SEYMOUR, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

The National Labor Relations Board has petitioned this court pursuant to § 10(e), 29 U.S.C. § 160(e), of the National Labor Relations Act, 29 U.S.C. §§ 151 et seq. The Board seeks enforcement of an order entered against the respondents, American Can Company, United Steel Workers of America (hereinafter called the "International Union") and Local 5490 on August 30, 1979.

The order finds that application...

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