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N.L.R.B. v. A. DUIE PYLE, INC.

No. 83-3139.

730 F.2d 119 (1984)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. A. DUIE PYLE, INC., Respondent.

United States Court of Appeals, Third Circuit.

Decided March 22, 1984.

Attorney(s) appearing for the Case

Timothy P. O'Reilly (argued), Michael L. Banks, Morgan, Lewis & Bockius, Philadelphia, Pa., for respondent.

Helen Morgan (argued), Ralph C. Simpson, N.L.R.B., Washington, D.C., for petitioner.

Before HUNTER and WEIS, Circuit Judges, and DUMBAULD, District Judge.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this enforcement proceeding, the National Labor Relations Board contends that an employee should be reinstated even though he made arson threats during a strike. Because the Board used a standard we had previously rejected, we will not enforce that reinstatement decision. In another instance, the Board concluded that the use of a knife during a picket line scuffle would have been justified as self defense. Because...

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