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NMC FINISHING v. N.L.R.B.

Nos. 95-2576, 95-2806.

101 F.3d 528 (1996)

NMC FINISHING, doing business as Nickell Moulding, Inc., Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner.

United States Court of Appeals, Eighth Circuit.

Decided December 2, 1996.

Attorney(s) appearing for the Case

Spencer Robinson, argued, Pine Bluff, AR, for petitioner.

John Ferguson, argued, Washington, DC (Joan E. Hoyte, on the brief), for respondent.

Before MAGILL, BEAM, and HANSEN, Circuit Judges.

BEAM, Circuit Judge.

In this case, we decide whether an employer must reinstate a striking employee who is guilty of obscene, abusive and offensive picket line conduct directed at a non-striking fellow employee. The National Labor Relations Board (NLRB or Board) found the employer in violation of section 8(a)(3) and (1) of the National Labor Relations Act (NLRA) (29 U.S.C. § 158(a)(3) and (1)) and ordered reinstatement. The employer petitions this court for review...

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