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LOCAL 174, INTERN. U., UNITED AUTO. v. N. L. R. B.

No. 79-2539.

645 F.2d 1151 (1981)

LOCAL 174, INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, (UAW), Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Firestone Steel Products Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 3, 1981.

Attorney(s) appearing for the Case

Alan V. Reuther, Detroit, Mich., with whom John A. Fillion and M. Jay Whitman, Detroit, Mich., were on the brief, for petitioner. Claude D. Montgomery and Judith A. Scott, Detroit, Mich., also entered an appearance for petitioner.

Paul J. Spielberg, Deputy Asst. Gen. Counsel, N. L. R. B., Washington, D. C., with whom Elliott Moore, Deputy Associate Gen. Counsel, and Morton Namrow, Atty., N. L. R. B., Washington, D. C., were on the brief, for respondent.

Teresa M. Holland, Washington, D. C., with whom Andrew M. Kramer, Washington, D. C., was on the brief, for intervenor, Firestone Steel Products Co.

Before PECK, Senior Circuit Judge for the United States Court of Appeals for the Sixth Circuit, MacKINNON and GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

The National Labor Relations Board decided that a leaflet Local 174 ("the Union") sought to distribute was primarily a "political tract" and not a measure for the "mutual aid or protection" of employees within the meaning of § 7 of the National Labor Relations Act, 29 U.S.C. § 157 (1976). It therefore held that Firestone ("the Company") committed no unfair labor practice...

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