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HERCULES, INC. v. N.L.R.B.

Nos. 63, 143, Dockets 87-4029, 87-4051.

833 F.2d 426 (1987)

HERCULES, INCORPORATED, Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner, International Chemical Workers Union Local 271, AFL-CIO, Intervenor.

United States Court of Appeals, Second Circuit.

Decided November 13, 1987.

Attorney(s) appearing for the Case

Francis X. Dee, Newark, N.J. (Laurence Reich, Jane Andrews Lalli, Carpenter, Bennett & Morrissey, Newark, N.J., of counsel), for petitioner, cross-respondent Hercules Inc.

Frances O'Connell Taylor, Attorney, N.L.R.B., Washington, D.C. (William R. Stewart, Deputy Asst. General Counsel, Rosemary M. Collyer, General Counsel, John E. Higgins, Jr., Deputy General Counsel, Robert E. Allen, Associate General Counsel, Elliott Moore, Deputy Associate General Counsel, N.L.R.B., Washington, D.C., of counsel), for respondent, cross-petitioner N.L.R.B.

Salvatore J. Falletta, Akron, Ohio, for Intervenor Intern. Chemical Workers Union, Local 271.

Before CARDAMONE, WINTER, and MINER, Circuit Judges.

CARDAMONE, Circuit Judge:

The issue on this appeal is a union's right of access to a company plant versus the company's property rights in its manufacturing processes. As a result of an explosion causing one death and several injuries, the union sought access to the company worksite in order for its expert to conduct an investigation. The employer refused, claiming property rights in its secret processes which give it a competitive edge in the industry. Resolution...

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