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ALLEGHENY LUDLUM CORPORATION v. N.L.R.B.

Nos. 01-2338, 01-4536.

301 F.3d 167 (2002)

ALLEGHENY LUDLUM CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. * United Steelworkers, Intervenor. * (Per Clerk's Order dated 6/21/01) National Labor Relations Board, Petitioner, v. Allegheny Ludlum Corporation, Respondent. * United Steelworkers, Intervenor. * (Per Clerk's Order dated 7/5/01)

United States Court of Appeals, Third Circuit.

Filed August 26, 2002.

Attorney(s) appearing for the Case

J. Anthony Messina, Vincent J. Pentima (argued), Klett Rooney Lieber & Schorling, Philadelphia, PA, for Allegheny, Ludlum Corporation.

Arthur F. Rosenfeld, General Counsel, John E. Higgins, Jr., Deputy General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, Robert J. Englehart, Supervisory Attorney, James M. Oleske, Jr. (argued), Attorney National Labor Relations Board, Washington, D.C., for National Labor Relations Board.

Richard J. Brean (argued), Associate General Counsel, United Steelworkers of America, Pittsburgh, PA, for Intervenor, United Steelworkers of America.

BEFORE: SLOVITER and AMBRO, Circuit Judges, and SHADUR, District Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Allegheny Ludlum Corporation petitions for review of the decision of the National Labor Relations Board (NLRB or "the Board") that Allegheny Ludlum committed an unfair labor practice in soliciting employees to appear in an anti-union campaign video. Following remand from the Court of Appeals for the District of Columbia Circuit directing the Board to articulate a clear standard that reconciled employees' rights...

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