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NEWPORT NEWS SHIPBUILDING & DRY DOCK v. N.L.R.B.

No. 82-2126.

738 F.2d 1404 (1984)

NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent and United Steelworkers of America, AFL-CIO, CLC, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided June 28, 1984.

Attorney(s) appearing for the Case

Willis L. Goldsmith, Washington, D.C. (Andrew M. Kramer, Jones, Day, Reavis & Pogue; Lee E. Miller, Joseph R. Damato, Seyfarth, Shaw, Fairweather & Geraldson, Washington, D.C., on brief), for Newport News Shipbuilding and Dry Dock Co.

Jonathan Saperstein, Washington, D.C. (John G. Elligers, 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 N.L.R.B.

Paul Whitehead, Lynchburg, Va. (Robert S. Bates, Jr., Bernard Kleiman, Chicago, Ill., on brief), for United Steelworkers of America, AFL-CIO-CLC.

Before WIDENER and ERVIN, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

ERVIN, Circuit Judge:

In January 1979, the United Steelworkers Local Union 8888 called for a general strike at the Newport News Shipbuilding and Dry Dock Company (the Company) because of the Company's refusal to bargain following an election won by the Union. After the strike ended, the Company discharged 27 of its employees for strike misconduct. The discharged employees sought reinstatement through their union under the National Labor Relations Act (the Act).

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