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ROAD SPRINKLER FITTERS LOCAL U., ETC. v. N. L. R. B.

No. 80-1840.

676 F.2d 826 (1982)

ROAD SPRINKLER FITTERS LOCAL UNION NO. 669, UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY OF THE UNITED STATES AND CANADA, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, A-1 Fire Protection, Inc. and Corcoran Automatic Sprinklers, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 27, 1982.

Attorney(s) appearing for the Case

Woody N. Peterson, with whom Angelo V. Arcadipane, Washington, D. C., was on the brief, for petitioner.

David A. Fleischer, Atty., N. L. R. B., with whom Elliott Moore, Deputy Associate Gen. Counsel, N. L. R. B., Washington, D. C., was on the brief, for respondent.

Hiram S. Grossman for intervenors.

Before BAZELON, Senior Circuit Judge, and MacKINNON and GINSBURG, Circuit Judges.

Opinion for the Court filed by Senior Circuit Judge BAZELON.

Dissenting opinion filed by Circuit Judge MacKINNON.

BAZELON, Senior Circuit Judge:

This case is before us for the second time on a petition for review of a decision of the National Labor Relations Board (Board). In our earlier opinion,1 we remanded to the Board because of its apparent failure, without explanation, to apply the longstanding "clear and unmistakable...

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