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DUER SPRING & MFG. CO. v. COM. OF PA. DEPT. OF LABOR AND INDUSTRY

No. 90-3198.

906 F.2d 968 (1990)

DUER SPRING & MANUFACTURING COMPANY, INC., Appellant, v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY, OFFICE OF EMPLOYMENT SECURITY, and Harris Wofford, Secretary of the Department of Labor and Industry and United Steelworkers of America AFL-CIO-CLC, Richard A. Berner and Mark Trimmer, (Intervenors in District Court).

United States Court of Appeals, Third Circuit.

Decided July 10, 1990.

Attorney(s) appearing for the Case

Richard I. Thomas, Richard R. Riese (argued), Thorp, Reed & Armstrong, Pittsburgh, Pa., for appellant.

Ernest D. Preate, Jr., Atty. Gen., Gloria A. Tischuk, Deputy Atty. Gen., Thomas F. Halloran (argued), Sr. Deputy Atty. Gen., Calvin R. Koons, Sr. Deputy Atty. Gen., John G. Knorr, III, Chief Deputy Atty. Gen., Pittsburgh, Pa., for appellees.

Richard E. Gordon (argued), Grossinger, Gordon & Vatz, Pittsburgh, Pa., for intervenor, United Steelworkers of America, AFL-CIO CLC.

Before: SLOVITER and MANSMANN, Circuit Judges and FULLAM, District Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

On this appeal from the district court's denial of plaintiff Duer Spring & Manufacturing Company's motion for a preliminary injunction, we must decide whether Duer Spring demonstrated a significant likelihood that it would succeed on the merits in proving that Pennsylvania's unemployment compensation law is pre-empted by the National Labor Relations Act (NLRA).<...

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