PERFORMANCE FRICTION CORP. v. N.L.R.B

Nos. 95-3151, 96-1096.

117 F.3d 763 (1997)

PERFORMANCE FRICTION CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, United Automobile, Aerospace & Agricultural Implement Workers, AFL-CIO, CLC, Intervenor. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. PERFORMANCE FRICTION CORPORATION, Respondent, United Automobile, Aerospace & Agricultural Implement Workers, AFL-CIO, CLC, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided June 30, 1997.


Attorney(s) appearing for the Case

ARGUED: William Lawrence Rikard, Jr., Parker, Poe, Adams & Bernstein, L.L.P., Charlotte, NC, for Petitioner. Robert James Englehart, National Labor Relations Board, Washington, DC, for Respondent. Marcia Weil Borowski, Stanford, Fagan & Giolito, Atlanta, GA, for Intervenor. ON BRIEF: Keith M. Weddington, Stacy K. Weinberg, Parker, Poe, Adams & Bernstein, L.L.P., Charlotte, NC, for Petitioner. Frederick L. Feinstein, General Counsel, Linda Sher, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, Frederick C. Havard, Supervisory Attorney, National Labor Relations Board, Washington, DC, for Respondent. Stephen A. Yokich, International Union, UAW, Washington, DC, for Intervenor.

Before: WILKINSON, Chief Judge, LUTTIG, Circuit Judge, and BLACK, Senior United States District Judge.


Affirmed in part, reversed in part, and remanded by published opinion. Judge LUTTIG wrote the opinion, in which Chief Judge WILKINSON and Senior Judge BLACK joined.

OPINION

LUTTIG, Circuit Judge:

Petitioner Performance Friction Corporation appeals from the judgment and order of respondent National Labor Relations Board finding that petitioner violated sections 8(a)(1) and (a)(3) of the National Labor Relations Act, 29 U.S.C. § 158(a)(1),(3)...

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