The Firestone Tire & Rubber Company v. The National Labor Relations Board , 651 F.2d 1172 ( 1980 )

651 F.2d 1172

108 L.R.R.M. (BNA) 2428

The FIRESTONE TIRE & RUBBER COMPANY, Petitioner,
v.
The NATIONAL LABOR RELATIONS BOARD, Respondent.

78-1466.

United States Court of Appeals,
Sixth Circuit.

Oct. 6, 1980.

J. Mack Swigert, Taft, Stettinius & Hollister, Cincinnati, Ohio, Martin Wald, Nicholas N. Price, Philadelphia, Pa., for petitioner.

Elliott Moore, Kenneth Hipp, Frederick Havard, Deputy Associate General Counsel N.L.R.B., Washington, D. C., for respondent.

1

Peter W. Hirsch, Director, Region 4, N.L.R.B., Philadelphia, Pa.

2

Before ENGEL and MERRITT, Circuit Judges and GUY, District Judge.*

ORDER

3

This matter is before the court on cross-petitions for review and enforcement respectively of a decision and order of the National Labor Relations Board issued September 29, 1978, and reported at 238 NLRB No. 168.

4

Upon consideration,

5

IT IS ORDERED that the order of the National Labor Relations Board is enforced.

6

ENGEL, Judge, dissents.

7

He would hold, as did the Administrative Law Judge, that petitioner's conduct did not violate the Act, Hoover v. NLRB, 191 F.2d 380 (6th Cir. 1951); NLRB v. Local 1229 I.B.E.W. (Jefferson Standard), 346 U.S. 464, 74 S.Ct. 172, 98 L.Ed. 195 (1953).

*

Hon. Ralph B. Guy, Jr., Judge, United States District Court for the Eastern District of Michigan, sitting by designation