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N.L.R.B. v. THERMON HEAT TRACING SERVICES

No. 97-60114.

143 F.3d 181 (1998)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. THERMON HEAT TRACING SERVICES, INC., Respondent.

United States Court of Appeals, Fifth Circuit.

June 3, 1998.

Attorney(s) appearing for the Case

Aileen A. Armstrong, Deputy Assoc. General Counsel, Frederick C. Havard, Ana Luisa Avendano, N.L.R.B., Washington, DC, Michael Dunn, Director, N.L.R.B., Fort Worth, TX, for Petitioner.

Judith Batson Sadler, Charles Edward Sykes, Bruckner & Sykes, Houston, TX, for Respondent.

Before EMILIO M. GARZA, STEWART and DENNIS, Circuit Judges.

CARL E. STEWART, Circuit Judge:

This case is before us on the application of the National Labor Relations Board ("NLRB") for the enforcement of an order issued against Thermon Heat Tracing Services, Inc. ("Thermon").1 The NLRB held that Thermon engaged in an unfair labor practice by using the guise of workplace safety to thwart union activity at one of its job sites. The NLRB found that the safety rule itself did not violate the National...

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