E.I. DU PONT DE NEMOURS & CO. v. N.L.R.B.

No. 82-3363.

724 F.2d 1061 (1983)

E.I. DU PONT de NEMOURS & COMPANY (CHESTNUT RUN), Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Third Circuit.

Decided December 29, 1983.


Attorney(s) appearing for the Case

Peter D. Walther (argued), Robert H. Young, Jr., James A. Matthews, III, Drinker Biddle & Reath, Philadelphia, Pa., for petitioner; John F. Lawless, E.I. Du Pont de Nemours & Company, Legal Department, Wilmington, Del., of counsel.

Kenneth B. Hipp, Deputy Asst. Gen. Counsel, Christine Weiner (argued), William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., for respondent.

Carl L. Taylor, Tom Kirby, Kirkland & Ellis, Washington, D.C., for the Chamber of Commerce of the United States, as amicus curiae; Stephen A. Bokat, National Chamber Litigation Center, Washington, D.C., of counsel.

Before ADAMS and GARTH, Circuit Judges and ACKERMAN, District Judge.


OPINION OF THE COURT

HAROLD A. ACKERMAN, District Judge:

I.

In NLRB v. J. Weingarten, Inc., 420 U.S. 251, 95 S.Ct. 959, 43 L.Ed.2d 171 (1975), the Supreme Court upheld a ruling by the National Labor Relations Board (the Board) that Section 7 of the National Labor Relations Act (the Act), 29 U.S.C. § 157, protected a unionized employee's right to refuse to submit...

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