No. 77-2270. Argued July 25, 1978. Decided October 17, 1978. As Amended December 5, 1978. Barry F. Bevacqua, Julius M. Steiner, Pechner, Dorfman, Wolffe, Rounick Cabot, Philadelphia, Pa., for respondent. Elliott Moore, Madge F. Jefferson, Robert Sewell, N.L.R.B., Washington, D.C., for petitioner. Before ADAMS, WEIS and HIGGINBOTHAM, Circuit Judges. OPINION OF THE COURT A. LEON HIGGINBOTHAM, Jr., Circuit Judge. The National Labor Relations Board (Board) has filed suit pursuant to 10(e) of the National