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U.S. CONTRACTORS, INC. v. N.L.R.B.

Nos. 81-4394, 81-4414.

697 F.2d 692 (1983)

U.S. CONTRACTORS, INC., Petitioner-Cross Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross Petitioner. INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 564, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Fifth Circuit.

February 7, 1983.

Attorney(s) appearing for the Case

James M. Neel, Houston, Tex., for U.S. Contractors, Inc.

James P. Simpson, Texas City, Tex., for Intern. Union of Operating Engineers, etc.

Elliott Moore, Deputy Associate Gen. Counsel, David S. Fishback, Associate Gen. Counsel, N.L.R.B., Washington, D.C., for N.L.R.B.

Richard R. Brann and Joseph R. Weeks, Houston, Tex., for Dow Chemical Co.

Before INGRAHAM, REAVLEY and POLITZ, Circuit Judges.

INGRAHAM, Circuit Judge:

On September 3, 1981, the National Labor Relations Board (Board) issued an order1 finding U.S. Contractors and Dow Chemical, U.S.A., Texas Division (Dow) in violation of section 8(a)(1) of the National Labor Relations Act (Act), 29 U.S.C. § 158(a)(1), by threatening U.S. Contractors' employees with the loss of their jobs if they unionized. U.S. Contractors petitioned this court for review of the order alleging...

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