Asarco, Incorporated, Tennessee Mines Division v. National Labor Relations Board, International Chemical Workers Union and Its Local 700, Intervenor

JOHN W. PECK, Senior Circuit Judge.

This case is before the court on the application of ASARCO, Inc., to set aside the decision and order of the National Labor Relations Board (the Board) which found that ASARCO violated §§ 8(a)(1) and (5) of the National Labor Relations Act, 29 U.S.C. § 158(a)(1), (5). 1 The violations were based on ASARCO’s refusal to give an industrial hygienist employed by the International Chemical Workers Union (the Union) access to its mine for the purpose of investigating a fatal accident, ASARCO’s denial of the Union’s request for photographs taken cf the accident…