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WHEELING-PITTSBURGH STEEL CORP. v. N.L.R.B.

Nos. 86-5107, 86-5157.

821 F.2d 342 (1987)

WHEELING-PITTSBURGH STEEL CORPORATION, Petitioner, Cross Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross Petitioner.

United States Court of Appeals, Sixth Circuit.

Decided June 18, 1987.

Attorney(s) appearing for the Case

Jonathan M. Norman (argued), Vorys, Sater, Seymour and Pease, Cincinnati, Ohio, for petitioner, cross respondent.

Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C., Karen Cordry (argued), John Elligers, Bernard Levine, Regional Director, Region 8, NLRB, Cleveland, Ohio, for respondent, cross petitioner.

Paul Alan Levy (argued), Public Citizen Litigation Group, Washington, D.C., amicus curiae & intervenor.

Before KRUPANSKY, NELSON and RYAN, Circuit Judges.

RYAN, Circuit Judge.

Wheeling-Pittsburgh seeks review of the NLRB's order reinstating an employee who was discharged for refusing to operate unsafe equipment. The NLRB declined to defer to an arbitration decision upholding the discharge and, on the merits, determined that the discharge violated §§ 8(a)(3) & (1) of the National Labor Relations Act. The NLRB did not abuse its discretion in declining to defer, and because the decision is supported by substantial...

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