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MOBIL EXPLORATION AND PRODUCING U.S. v. N.L.R.B.

No. 97-60789.

200 F.3d 230 (1999)

MOBIL EXPLORATION AND PRODUCING U.S., INC., Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

December 23, 1999.

Attorney(s) appearing for the Case

Phillip Ray Jones (argued), Jay C. Counts, Paulo B. McKeeby, Littler Mendelson, Dallas, TX, for Petitioner-Cross-Respondent.

Aileen A. Armstrong, Deputy Associate General Counsel, Frederick C. Havard, Sonya Spielberg (argued), National Labor Relations Board, Washington, DC, William T. Hearne, Regional Director, National Labor Relations Board, New Orleans, LA, for Respondent-Cross-Petitioner.

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

DENNIS, Circuit Judge:

Mobil Exploration and Producing U.S., Inc. ("Mobil") seeks review of an order by the National Labor Relations Board (the "Board") finding that it violated § 8(a)(1) of the National Labor Relations Act by discharging its employee, Bob L. Pemberton ("Pemberton") for statements he made to co-employees during a work break (1) advocating that employees elect a new Union president or join a different union; and (2) that he would take legal action...

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