INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIPBUILDERS, BLACKSMITHS, FORGERS AND HELPERS, AFL-CIO, LOCAL 88, Petitioner,
v.
NATIONAL LABOR RELATIONS BOARD, Respondent,
National Gypsum Co., Inc., et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 12, 1988.
Decided September 30, 1988.
Attorney(s) appearing for the Case
Robert G. Rothstein, of the Bar of the Supreme Court of Pennsylvania, pro hac vice, by special leave of court, with whom Michael N. Katz, Philadelphia, Pa., was on the brief, for petitioner. Bernard N. Katz, Philadelphia, Pa., also entered an appearance for petitioner.
Linda Dreeben, Attorney, N.L.R.B., with whom Aileen A. Armstrong, Deputy Associate Gen. Counsel and Victoria A. Higman, Attorney, N.L.R.B., Washington, D.C., were on the brief, for respondent. Elliott Moore, Attorney, N.L.R.B., Washington, D.C., also entered an appearance for respondent.
James J. Sullivan, Jr., Philadelphia, Pa., for intervenors, Nat. Gypsum Co., Inc., et al.
Before ROBINSON, GINSBURG, and BOGGS, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge D.H. GINSBURG.
D.H. GINSBURG, Circuit Judge:
This case raises the issue that the Supreme Court expressly reserved in American Ship Building Co. v. NLRB,380 U.S. 300, 308 n. 8, 85 S.Ct. 955, 962 n. 8, 13 L.Ed.2d 855 (1965): Does an employer that has lawfully locked out its permanent employees violate sections 8(a)(1) and (3) of the National Labor Relations Act by operating...
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