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STARDYNE, INC. v. N.L.R.B.

Nos. 94-3054, 94-3056 and 94-3096.

41 F.3d 141 (1994)

STARDYNE, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, United Steelworkers of America, AFL-CIO-CLC, Intervenor-Respondent. JOHNSTOWN CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, The United Steelworkers of America, AFL-CIO-CLC, Intervenor-Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. JOHNSTOWN CORPORATION, and its alter ego, Stardyne, Inc., Respondent, United Steelworkers of America, AFL-CIO-CLC, Intervenor-Respondent.

United States Court of Appeals, Third Circuit.

Decided December 6, 1994.

Attorney(s) appearing for the Case

Mark E. Scott (Argued), Bridgeville, PA, for Stardyne, Inc.

Clare M. Gallagher (Argued), Doepken Keevican Weiss & Medved Professional Corp., Pittsburgh, PA, for Johnstown Corp.

Frederick C. Havard (Argued), Supervising Atty., Marilyn O'Rourke, Atty., N.L.R.B., Washington, DC, Frederick L. Feinstein, Gen. Counsel, Linda Sher, Acting Associate Gen. Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, for N.L.R.B.

David I. Goldman (Argued), Asst. Gen. Counsel, United Steelworkers of America, Pittsburgh, PA, for intervenor.

Before: STAPLETON, ALITO, and LEWIS, Circuit Judges.

OPINION OF THE COURT

ALITO, Circuit Judge:

Johnstown Corporation ("Johnstown") and Stardyne, Inc. ("Stardyne") have petitioned for review of an order of the National Labor Relations Board ("the Board"), holding that they violated Section 8(a)(1) and (5) of the National Labor Relations Act ("the Act"), 29 U.S.C. § 158(a)(1) and (5), and the Board has cross-petitioned for enforcement of its order. The Board's order was predicated on the conclusion that...

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