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N.L.R.B. v. ENSIGN ELEC. DIV. OF HARVEY HUBBLE, INC.

No. 84-1658.

767 F.2d 1100 (1985)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ENSIGN ELECTRIC DIVISION OF HARVEY HUBBLE, INC., and United Steelworkers of America, Local 5925, AFL-CIO-CLC, Respondents. Center on National Labor Policy, Inc., Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided July 22, 1985.

Attorney(s) appearing for the Case

William T. Payne, Pittsburgh, Pa., P. Thomas Krieger, Huntington, W.Va. (Paul A. Billups, Jenkins, Fenstermaker, Krieger, Kayes & Farrell, Huntington, W.Va., Carl B. Frankel, Pittsburgh, Pa., on brief), for respondents.

John D. Burgoyne, Asst. Gen. Counsel, Washington, D.C. (Sharon Margolis Apfel, N.L.R.B., Rosemary M. Collyer, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Washington, D.C., on brief), for petitioner.

(Michael Ernest Avakian, North Springfield, Va., Edward F. Hughes, Center on Nat. Labor Policy, Inc. on brief), for amicus curiae.

Before MURNAGHAN and CHAPMAN, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

MURNAGHAN, Circuit Judge:

A collective bargaining agreement provided super-seniority for certain executive personnel of a union, inter alia, the recording secretary and the treasurer, of the United Steelworkers of America, Local 5925 AFL-CIO-CLC. The National Labor Relations Board heard charges by a member of the employer's work force against both the employer and the union challenging the maintenance and enforcement of a preferential seniority clause as an...

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