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INDIANAPOLIS POWER & LIGHT CO. v. N.L.R.B.

Nos. 88-3503, 89-1735.

898 F.2d 524 (1990)

INDIANAPOLIS POWER & LIGHT COMPANY, Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner, and Local Union 1395, International Brotherhood of Electrical Workers, Intervenor.

United States Court of Appeals, Seventh Circuit.

Decided March 15, 1990.

Attorney(s) appearing for the Case

Herbert C. Snyder, Jr., Richard P. Steele, Barnes & Thornburg, Fort Wayne, Ind., for Indianapolis Power and Light Co.

Aileen A. Armstrong, Robert F. Mace, N.L.R.B., Appellate Court — Enforcement Litigation, Barbara A. Atkin, Rosemary M. Collyer, Gen. Counsel, N.L.R.B., Washington, D.C., William T. Little, N.L.R.B., Indianapolis, Ind., Robert D. Kurnick, Sherman, Dunn, Cohen, Leifer & Counts, Washington, D.C., for N.L.R.B.

Laurence J. Cohen, Robert D. Kurnick, Sherman, Dunn, Cohen, Leifer & Counts, Washington, D.C., for Local Union 1395, Intern. Broth. of Elec. Workers.

Peter G. Nash, Dixie L. Atwater, Ogletree, Deakins, Nash, Smoak & Stewart, Stephen A. Bokat, Mona C. Zeiberg, Washington, D.C., for Chamber of Commerce of U.S., amicus curiae.

Before CUMMINGS, FLAUM and MANION, Circuit Judges.

FLAUM, Circuit Judge.

Indianapolis Power & Light Company appeals the National Labor Relations Board's finding that it violated Sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act by disciplining a union employee for his refusal to cross a picket line at the premises of one of the Company's customers. In reaching this conclusion, the Board found that extrinsic evidence revealed that the parties intended to exclude sympathy strikes from the no-strike...

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