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N.L.R.B. v. PHOENIX PIPE & TUBE, L.P.

No. 91-3269.

955 F.2d 852 (1992)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. PHOENIX PIPE & TUBE, L.P., d/b/a Phoenix Pipe Company, a Partnership Composed of 1st P.S.C. Corporation, Blue Pearl Associates, Inc., Red Linden Corporation, Blue Linden Corporation, and Phoenixville Steel Corporation, Respondent, United Steelworkers of America, AFL-CIO-CLC, Intervenor.

United States Court of Appeals, Third Circuit.

Decided December 17, 1991.

Attorney(s) appearing for the Case

Jerry M. Hunter, D. Randall Frye, Aileen A. Armstrong, Charles Donnelly and David Seid, N.L.R.B., Washington, D.C., for petitioner.

Howard R. Flaxman, Blank, Rome, Comisky & McCauley, Philadelphia, Pa., for respondent.

Richard J. Brean, United Steelworkers of America, Pittsburgh, Pa., for amicus-petitioner, United Steelworkers of America, AFL-CIO-CLC.

Before SLOVITER, Chief Judge, SCIRICA and ROTH, Circuit Judges.

Submitted Under Third Circuit Rule 12(6), December 12, 1991.

OPINION OF THE COURT

SLOVITER, Chief Judge.

This case comes before us on a petition of the National Labor Relations Board (Board or NLRB) to enforce a cease and desist order issued by the Board against Phoenix Pipe & Tube, L.P. (PP & T). The United Steelworkers of America (Union), the charging party, has intervened. Under section 10(e) of the National Labor Relations Act (Act),...

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