No. 76-1940. January 22, 1979. As Amended February 28, 1979. Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C., for respondent. Robert W. Smith and Bowen L. Florsheim, Dallas, Tex., for petitioner. On Remand from the United States Supreme Court. Before LEVENTHAL, MacKINNON and WILKEY, Circuit Judges. Opinion for the Court filed by Circuit Judge MacKINNON. Dissenting opinion filed by Circuit Judge LEVENTHAL. MacKINNON, Circuit Judge: We are here concerned with the implications