Court of Appeals for the Second Circuit July 19, 1985, 1051, Docket 83-4183 (Robert T. Ewing, an Individual v. National Labor Relations Board)

CARD AMONE, Circuit Judge:

This case is before us for the second time. Robert Ewing was not recalled from a lay off because his employer mistakenly

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believed that he had filed a safety complaint with the Occupational Safety & Health Administration (OSHA).