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PPG INDUSTRIES, INC. v. N. L. R. B.

No. 81-1329.

671 F.2d 817 (1982)

PPG INDUSTRIES, INC., Lexington Plant, Fiber Glass Division, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Teamsters Local Union No. 391, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided February 16, 1982.

Rehearing and Rehearing Denied April 26, 1982.

Attorney(s) appearing for the Case

Richard C. Hotvedt, Washington, D.C. (Susan S. Sauntry, Donald L. Havermann, Morgan Lewis & Bockius, Washington, D.C., R. Harvey Chappell, Jr., Christian, Barton, Epps, Brent & Chappell, Richmond, Va., Hugh M. Finneran, Pittsburgh, Pa., on brief), for petitioner.

Daniel R. Pollitts, Washington, D.C. (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, Kenneth B. Hipp, Deputy Asst. Gen. Counsel, Washington, D.C., on brief), for respondent.

Jonathan G. Axelrod, Washington, D.C. (Hugh J. Beins, Axelrod & Osborne, P.C., Washington, D.C., on brief) for intervenor.

Before HAYNSWORTH, Senior Judge, and MURNAGHAN and CHAPMAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 26, 1982.

MURNAGHAN, Circuit Judge:

PPG Industries, Inc. petitions to review and set aside an order of the National Labor Relations Board to bargain with Teamsters Local 391. The Union has intervened; the NLRB cross-petitions for enforcement of its bargaining order.1 We deny enforcement of the NLRB's order.

The Union filed its representation petition on March 27, 1978. Pursuant...

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