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N.L.R.B. v. BABCOCK & WILCOX CO.

No. 83-1410.

736 F.2d 1410 (1984)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. BABCOCK & WILCOX COMPANY d/b/a B & W Construction Company, Respondent.

United States Court of Appeals, Tenth Circuit.

June 11, 1984.

Attorney(s) appearing for the Case

Mark S. McCarty, Atty., N.L.R.B., Washington, D.C. (Elliott Moore, Deputy Associate General Counsel, William A. Lubbers, General Counsel, John E. Higgins, Jr., Deputy General Counsel, and Robert E. Allen, Associate General Counsel, N.L.R.B., Washington, D.C., with him on briefs), for petitioner.

Mark C. Rosenblum, New York City (William A. Ziegler and Sara Goodman, New York City, with him on brief), of Sullivan & Cromwell, New York City, for respondent.

Before McWILLIAMS, BREITENSTEIN and McKAY, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Petitioner National Labor Relations Board, NLRB, seeks enforcement of an order that Babcock & Wilcox violated the National Labor Relations Act, §§ 8(a)(1) and (3), 29 U.S.C. § 158(a)(1) and (3), by the discharge of employee Morgheim. We have jurisdiction under 29 U.S.C. § 160(e). The argument is that the NLRB abused its discretion in not deferring to the award of an arbitrator. We order enforcement.

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