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EQUITABLE GAS CO. v. N.L.R.B.

Nos. 91-2638, 91-2663.

966 F.2d 861 (1992)

EQUITABLE GAS COMPANY, an operating DIVISION OF EQUITABLE RESOURCES, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. EQUITABLE GAS COMPANY, an operating DIVISION OF EQUITABLE RESOURCES, INC., Respondent, v. NATIONAL LABOR RELATIONS BOARD, Petitioner.

United States Court of Appeals, Fourth Circuit.

Decided June 2, 1992.

Attorney(s) appearing for the Case

Henry Jared Wallace, Jr., Reed, Smith, Shaw & McClay, Pittsburgh, Pa., argued (Lauren Klett Kroeger, on brief), for petitioner.

Margaret Gaines Bezou, N.L.R.B., Washington, D.C., argued (Jerry M. Hunter, Gen. Counsel, D. Randall Frye, Acting Deputy Gen. Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, Howard E. Perlstein, Supervisory Atty., on brief), for respondent.

Before ERVIN, Chief Judge, PHILLIPS, Circuit Judge, and RAMSEY, Senior United States District Judge for the District of Maryland, sitting by designation.

OPINION

PHILLIPS, Circuit Judge:

Equitable Gas Company (Equitable) petitions for review of a decision by the National Labor Relations Board (Board) that Equitable had violated § 8(a)(1), § 8(a)(3), and § 8(a)(5) of the National Labor Relations Act (the Act), 29 U.S.C. § 158, by unilaterally adopting appearance guidelines and discharging employee James McHale under the guidelines' disciplinary...

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