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GARRETT R.R. CAR & EQUIPMENT, INC. v. N.L.R.B.

No. 81-1775.

683 F.2d 731 (1982)

GARRETT RAILROAD CAR & EQUIPMENT, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, United Steelworkers of America, AFL-CIO and its Local 8089, Intervenor.

United States Court of Appeals, Third Circuit.

Decided June 29, 1982.

Attorney(s) appearing for the Case

Robert D. Weisman (argued), Schottenstein, Zox & Dunn, A Legal Professional Ass'n, Columbus, Ohio, Timothy P. O'Reilly, Morgan, Lewis & Bockius, Philadelphia, Pa., for petitioner.

Howard E. Perlstein, John P. Coyle (argued), 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.

Rudolph L. Milasich, Jr., Asst. Gen. Counsel, Carl B. Frankel, Associate Gen. Counsel, United Steelworkers of America, Pittsburgh, Pa., for intervenor; Bernard Kleiman, Chicago, Ill., of counsel.

Before HUNTER, WEIS and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

Garrett Railroad Car and Equipment, Inc. (Garrett, or the company) petitions for review of an Order entered by the National Labor Relations Board adopting and modifying a recommended order of the administrative law judge (ALJ). The NLRB cross-applies for enforcement of its order.

Upon consideration of the opinions of the ALJ and the NLRB, the notes of testimony from the hearing and the...

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