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MOLDED ACOUSTICAL PRODUCTS, INC. v. N.L.R.B.

Nos. 86-3468, 86-3561.

815 F.2d 934 (1987)

MOLDED ACOUSTICAL PRODUCTS, INC., Petitioner in No. 86-3468, Respondent in No. 86-3561, v. NATIONAL LABOR RELATIONS BOARD and Local 773, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Intervenor.

United States Court of Appeals, Third Circuit.

Decided April 8, 1987.

Rehearing and Rehearing Denied May 4, 1987.

Attorney(s) appearing for the Case

Edward H. Feege (argued), Thomas L. Heimbach, Duane, Morris & Heckscher, Allentown, Pa., for Molded Acoustical Products, Inc.

Paul J. Spielberg, Deputy Asst. Gen. Counsel, Mark S. McCarty (argued), Atty., N.L.R.B., Washington, D.C., Rosemary M. Collyer, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, for N.L.R.B.

Stephen C. Richman, William T. Josem (argued), Markowitz & Richman, Philadelphia, Pa., for intervenor.

Before GIBBONS, Chief Judge, and SEITZ and GARTH, Circuit Judges.

Rehearing and Rehearing In Banc Denied May 4, 1987.

OPINION OF THE COURT

GIBBONS, Chief Judge:

The National Labor Relations Board (the Board) petitions for enforcement of its order holding that the refusal of the petitioner, Molded Acoustical, Inc. (the Company), to bargain with the respondent, Local 773, International Brotherhood of Teamsters, Chauffers, Warehousemen and Helpers of America (the Union), violated sections 8(a)(1) and 8(a)(5) of the...

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