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WEST PENN POWER CO. v. N.L.R.B.

Nos. 03-1984, 03-2139.

394 F.3d 233 (2005)

WEST PENN POWER COMPANY and The Potomac Edison Company D/B/A Allegheny Power And Allegheny Energy Supply Company, LLC, A Single Employer, And Their Agent Allegheny Energy Service Corporation, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Utility Workers Union of America, Local 102, AFL-CIO, Intervenor. National Labor Relations Board, Petitioner, Utility Workers Union of America, Local 102, AFL-CIO, Intervenor, v. West Penn Power Company and The Potomac Edison Company D/B/A Allegheny Power And Allegheny Energy Supply Company, Llc, A Single Employer, And Their Agent Allegheny Energy Service Corporation, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: January 12, 2005.

Attorney(s) appearing for the Case

ARGUED: John Clark Unkovic, Reed Smith, L.L.P., Pittsburgh, Pennsylvania, for West Penn Power Company, Potomac Edison Power Company, and Allegheny Energy Service Corporation. Joan Elizabeth Hoyte, Office of the General, National Labor Relations Board, Washington, D.C., for the Board. Burton E. Rosenthal, Segal, Roitman & Coleman, Boston, Massachusetts, for Intervenor. ON BRIEF: Arthur J. Chmiel, Allegheny Energy, Fairmont, West Virginia; Darren P. O'Neill, Reed Smith, L.L.P., Pittsburgh, Pennsylvania, for West Penn Power Company, Potomac Edison Power Company, and Allegheny Energy Service Corporation. Arthur F. Rosenfeld, General, John E. Higgins, Jr., Deputy General, John H. Ferguson, Associate General, Aileen A. Armstrong, Deputy Associate General, Robert J. Englehart, Supervisory Attorney, National Labor Relations Board, Washington, D.C., for the Board. Stephanie R. Pratt, Segal, Roitman & Coleman, Boston, Massachusetts, for Intervenor.

Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.

Petition for review denied in part and granted in part, and partial remand ordered; cross-application for enforcement granted in part and denied in part. Judge MICHAEL wrote the majority opinion, in which Judge GREGORY joined. Judge NIEMEYER wrote a dissenting opinion.

OPINION

MICHAEL, Circuit Judge:

This case is before us on the petition of West Penn Power Company and the Potomac Edison Company d...

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