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N. L. R. B. v. ALLIS-CHALMERS CORP.

Nos. 78-1742, 78-3322.

642 F.2d 766 (1981)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ALLIS-CHALMERS CORPORATION, Respondent.

United States Court of Appeals, Fifth Circuit.

April 13, 1981.

Attorney(s) appearing for the Case

Elliot Moore, Deputy Associate Gen. Counsel, John G. Elligers, Supervisor, Joseph Oertel Atty., N.L.R.B., Washington, D.C., for petitioner.

Jolly, Miller & Milam, E. Grady Jolly, James R. Lockard, Jackson, Miss., for respondent.

Lynn Agee, Memphis, Tenn., for International Union, United Automobile, Aerospace & Agricultural Implement Workers of America, intervenor.

Before THORNBERRY, GOLDBERG and GEE, Circuit Judges.

PER CURIAM:

We have entered two prior decisions in this case1 and are now called upon to enter a third. Because we find that the Supplemental Order2 of the National Labor Relations Board at issue is unsupported by substantial evidence and is at odds with the law of the case, we deny it enforcement.

In our first opinion, the majority held that the Union's mischaracterization of a material fact

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