INT'L UNION, UNITED AUTOMOBILE v. N.L.R.B.

Nos. 15-2305/2478.

844 F.3d 590 (2016)

INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, Petitioner (15-2305), International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 1700, Petitioner/Cross-Respondent (15-2305/2478), v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner (15-2305/2478).

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 21, 2016.


Attorney(s) appearing for the Case

ARGUED: John R. Canzano , MCKNIGHT, CANZANO, SMITH, RADTKE & BRAULT, P.C., Royal Oak, Michigan, for Petitioner/Cross-Respondent UAW Local 1700. Jared D. Cantor , NATIONAL LABOR RELATIONS BOARD, Washington, D.C., for Respondent/Cross-Petitioner. ON BRIEF: John R. Canzano , MCKNIGHT, CANZANO, SMITH, RADTKE & BRAULT, P.C., Royal Oak, Michigan, for Petitioner/Cross-Respondent UAW Local 1700. Jared D. Cantor , Usha Dheenan , Linda Dreeben , NATIONAL LABOR RELATIONS BOARD, Washington, D.C., for Respondent/Cross-Petitioner.

GIBBONS, J., delivered the opinion of the court in which GILMAN and STRANCH, JJ., joined. STRANCH, J. (pg. 605), delivered a separate concurring opinion.


OPINION

United Automobile, Aerospace and Agricultural Implement Workers of America, Local 1700 (Local 1700) was charged with violating its duty of fair representation in processing the grievance of Aretha Powell, a Local 1700 member, who was terminated from her position as an automotive plant janitor...

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