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GEORGE BANTA CO., INC., BANTA DIV. v. N. L. R. B.

No. 81-1816.

686 F.2d 10 (1982)

GEORGE BANTA COMPANY, INC., BANTA DIVISION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Tri-Cities Local 382, Graphic Arts International Union, AFL-CIO, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 13, 1982.

As Amended August 15, 1982.

Attorney(s) appearing for the Case

R. Theodore Clark, Jr., Chicago, Ill., with whom Joel H. Kaplan and James P. Osick, Chicago, Ill., were on the brief, for petitioner. Fred S. Sommer, Chicago, Ill., also entered an appearance for petitioner.

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

Thomas D. Allison, Chicago, Ill., with whom Eugene Cotton, Chicago, Ill., was on the brief, for intervenor.

Before MacKINNON and MIKVA, Circuit Judges, and COWEN, Senior Judge, United States Court of Claims.

Opinion for the court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

In July 1981, the National Labor Relations Board (NLRB) found that George Banta Co., Inc. (Banta) violated the National Labor Relations Act by granting preferential reinstatement and seniority rights to employees who abandoned a 1977 strike before the strike ended, and by denying the benefits of seniority for purposes of job assignment and computation of rates of pay to other employees...

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