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STANDARD-COOSA-THATCHER CARPET YARN DIV. v. N.L.R.B.

No. 81-1673.

691 F.2d 1133 (1982)

STANDARD-COOSA-THATCHER CARPET YARN DIVISION, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Amalgamated Clothing and Textile Workers Union, AFL-CIO, CLC, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided September 20, 1982.

Rehearing and Rehearing Denied December 23, 1982.

Attorney(s) appearing for the Case

Homer L. Deakins, Jr., Greenville, S. C. (Ogletree, Deakins, Nash, Smoak & Stewart, Greenville, S. C., on brief), for petitioner.

Richard Michael Fischl, 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, Washington, D. C., on brief), for respondent.

Barbara Jane Carey, Asst. Gen. Counsel, New York City (Arthur M. Goldberg, Gen. Counsel, George A. Kirschenbaum, Associate Gen. Counsel, New York City, on brief), for intervenor Amalgamated Clothing and Textile Workers Union, AFL-CIO, CLC.

Before WINTER, Chief Judge, BRYAN, Senior Circuit Judge, and HALL, Circuit Judge.

Rehearing and Rehearing En Banc Denied December 23, 1982.

HARRISON L. WINTER, Chief Judge:

In February 1979, the Amalgamated Clothing and Textile Workers Union (the Union) began a campaign to organize a plant of the Standard-Coosa-Thatcher Carpet Yarn Division, Inc. (the Company) in Boaz, Alabama.1 The Union had lost a previous election in the plant in December 1977. By March 21, 1979, however, eighty-seven of the 147 bargaining...

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