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NORTH CAMBRIA FUEL CO., INC. v. N. L. R. B.

Nos. 80-1381, 80-1568.

645 F.2d 177 (1981)

NORTH CAMBRIA FUEL COMPANY, INC., Petitioner in No. 80-1381 and Hans P. Wuchina, Paul G. Baughman, Louis T. Zilli, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Paul Baughman, Louis Zilli, Wayne Campbell, Ronald Smith, Roger Snyder, Norman Gorman, and Dale Basinger, Intervenors. Paul BAUGHMAN, Louis Zilli, Wayne Campbell, Ronald Smith, Roger Snyder, Norman Gorman, and Dale Basinger, Petitioners in No. 80-1568, v. NATIONAL LABOR RELATIONS BOARD, Respondent, North Cambria Fuel Company, Inc., Intervenor.

United States Court of Appeals, Third Circuit.

Decided April 10, 1981.

Attorney(s) appearing for the Case

Joseph N. Mack (argued), John A. Bonya, Mack & Bonya, Indiana, Pa., for petitioner in No. 80-1381, intervenor in No. 80-1568.

Melvin P. Stein (argued), Kuhn, Engle & Stein, Pittsburgh, Pa., for petitioners in No. 80-1568, intervenors in No. 80-1381.

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, Ann Jones Diamond (argued), Atty., N.L.R.B., Washington, D. C., for respondent.

Before SEITZ, Chief Judge, ROSENN and SLOVITER, Circuit Judges.

OPINION OF THE COURT

SEITZ, Chief Judge.

North Cambria Fuel Company (NCF) petitions for review of an order of the National Labor Relations Board (the Board) finding NCF guilty of violating section 8(a)(3) and (1) of the National Labor Relations Act by wrongfully discharging Hans Wuchina, a striking employee. Seven former NCF employees (the Baughman group) petition for review of that portion of the Board's order finding that they were lawfully discharged...

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