FRANK BRISCOE, INC. v. N. L. R. B.

No. 80-1115.

637 F.2d 946 (1981)

FRANK BRISCOE, INCORPORATED, Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner.

United States Court of Appeals, Third Circuit.

Decided January 6, 1981.


Attorney(s) appearing for the Case

Carl H. Hellerstedt, Jr., Joseph Mack, III (argued), Thorp, Reed & Armstrong, Pittsburgh, Pa., for petitioner, cross-respondent.

Kenneth B. Hipp, Deputy Asst. Gen. Counsel, Penny Pilzer, Atty. (argued), N. L. R. B., 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., for respondent, cross-petitioner.

Before SEITZ, Chief Judge, HIGGINBOTHAM, Circuit Judge and SCHWARTZ, District Judge.


OPINION OF THE COURT

SEITZ, Chief Judge.

Frank Briscoe, Inc. (Briscoe) petitions for review, and the National Labor Relations Board (Board) cross-petitions for enforcement, of an order of the Board. The order of the Board is based on the finding that Briscoe violated section 8(a)(1) of the National Labor Relations Act (NLRA) when it refused to recall certain employees because some of them had engaged in protected, concerted activity by filing charges against...

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