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POWER INC. v. N.L.R.B.

No. 93-1383.

40 F.3d 409 (1994)

POWER INCORPORATED, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, United Mine Workers of America, International Union, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 18, 1994.

Rehearing and Suggestion for Rehearing Denied January 6, 1995.

Attorney(s) appearing for the Case

Frederick J. Bosch, Philadelphia, PA, argued the cause for petitioner. With him on the briefs was Herbert G. Keene, Jr., Philadelphia, PA.

David A. Fleischer, Attorney, N.L.R.B., Washington, DC, argued the cause for respondent. With him on the brief were Linda Sher, Acting Associate Gen. Counsel, and Aileen A. Armstrong, Deputy Associate Gen. Counsel, N.L.R.B., Washington, DC.

Barry A. Woodbrey, Jr. and William B. Manion, Washington, DC, filed the brief for intervenor United Mine Workers of America.

Before WALD, SILBERMAN and HENDERSON, Circuit Judges.

Rehearing and Suggestion for Rehearing In Banc Denied January 6, 1995.

Opinion for the Court filed by Circuit Judge WALD.

Opinion concurring in part and dissenting in part filed by Circuit Judge HENDERSON.

WALD, Circuit Judge:

Power, Inc. ("Power") petitions for review of an order of the National Labor Relations Board ("NLRB" or "Board") dated May 28, 1993. The Board found that Power violated § 8(a)(1) of the National Labor Relations Act...

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