INTERNATIONAL UNION OF ELECTRICAL, RADIO AND MACHINE WORKERS, AFL-CIO-CLC, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, White Farm Equipment Company, Intervenor. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. WHITE FARM EQUIPMENT COMPANY, a Subsidiary of White Motor Corporation, Respondent, International Union of Electrical, Radio and Machine Workers, AFL-CIO-CLC, Intervenor. WHITE FARM EQUIPMENT COMPANY, a Subsidiary of White Motor Corporation, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, International Union of Electrical, Radio and Machine Workers, AFL-CIO-CLC, Intervenor.
79-1654, 79-1864 and 79-2562.
United States Court of Appeals, District of Columbia Circuit.
Argued May 28, 1980.
Decided Nov. 28, 1980.
Markey, Chief Judge, United States Court of Customs and Patent Appeals, sitting by designation, filed a dissenting opinion.
Winn Newman, Washington, D. C., with whom Richard B. Sobol and Michael B. Trister, Washington, D. C., were on brief, for International Union of Electrical, Radio and Machine Workers, AFL-CIO-CLC as petitioner in No. 79-1654 and intervenor in Nos. 79-1864 and 79-2562.
Collis Suzanne Stocking, Atty., N. L. R. B., Washington, D. C., with whom Elliott Moore, Deputy Associate Gen. Counsel, N. L. R. B., Washington, D. C., was on brief, for N. L. R. B. as respondent in Nos. 79-1654 and 79-2562 and petitioner in No. 79-1864.
Peter D. Post, Pittsburgh, Pa., with whom Laurence Gold, Washington, D. C., Walter P. DeForest, and Mary Helen Chiodo, Pittsburgh, Pa., were on brief, for White Farm Equipment Company as intervenor in No. 79-1654, respondent in No. 79-1864, and petitioner in No. 79-2562. Edith E. Holiday entered an appearance for White Farm Equipment Company.
Lutz Alexander Prager and Mark S. Flynn, Attys., Equal Employment Opportunity Commission, Washington, D. C., were on brief, for amicus curiae E. E. O. C., urging affirmance. Marilyn S. G. Urwitz, Atty., E. E. O. C., Washington, D. C., entered an appearance for amicus curiae E. E. O. C.
John A. Fillion, M. Jay Whitman, and Leonard R. Page, Detroit, Mich., were on brief, for amici curiae International Union, United Automobile, Aerospace & Agricultural Implement Workers of America and National Education Association, urging affirmance in part and reversal in part.
Michael J. Bartlett and Charles I. Cohen, Washington, D. C., were on brief, for amicus curiae Chamber of Commerce of the United States of America, urging affirmance.
Before WRIGHT, Chief Judge, MIKVA, Circuit Judge, and MARKEY, Chief Judge, United States Court of Customs and Patent Appeals.
Sitting by designation pursuant to 28 U.S.C. § 293(a)(1976).
ORDER
PER CURIAM.
These causes came on to be heard on petitions for review and cross-application for enforcement of an order of the National Labor Relations Board and were argued by counsel. While the issues presented occasion no need for an opinion, they have been accorded full consideration by the court. See Local Rule 13(c).
The order of the National Labor Relations Board is supported by substantial evidence in the record- taken as a whole. See Universal Camera Corp. v. NLRB, 340 U.S. 474, 71 S.Ct. 456, 95 L.Ed. 456 (1951). Moreover, this court finds that the Board’s order is otherwise free from reversible legal error.
On consideration of the foregoing, generally for the reasons stated in the Board’s order, it is ORDERED and ADJUDGED by this court that the petitions for review are hereby denied and the cross-application for enforcement is hereby granted.
MARKEY, Chief Judge, dissents from the foregoing order for the reasons stated in the following dissenting opinion.