The Firestone Tire & Rubber Company v. The National Labor Relations Board

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). Footnotes [-s] * Hon. Ralph B. Guy, Jr., Judge, United States District Court for the Eastern District of Michigan, sitting by designation