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ASSOCIATED GENERAL CONTRACTORS OF N. D. v. N. L. R. B.

Nos. 79-1851, 80-1012.

637 F.2d 556 (1980)

ASSOCIATED GENERAL CONTRACTORS OF NORTH DAKOTA (a non-profit corporation), Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Laborers' International Union of North America, Local No. 580, AFL-CIO; Bricklayers, Masons and Plasterers International Union of America, Local No. 4, AFL-CIO; United Brotherhood of Carpenters and Joiners of America, Local No. 1091, AFL-CIO; International Association of Bridge, Structural and Ornamental Iron Workers, Local No. 793, AFL-CIO; International Union of Operating Engineers, Local No. 49, AFL-CIO; and International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Local Nos. 74, 116, 123 and 581, Intervenors/Respondents. LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL NO. 580, AFL-CIO; Bricklayers, Masons and Plasterers International Union of America, Local No. 4, AFL-CIO; United Brotherhood of Carpenters and Joiners of America, Local No. 1091, AFL-CIO; International Association of Bridge, Structural and Ornamental Iron Workers, Local No. 793, AFL-CIO; International Union of Operating Engineers, Local No. 49, AFL-CIO; and International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Local Nos. 74, 116, 123 & 581, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Associated General Contractors of North Dakota, Intervenor-Respondent.

United States Court of Appeals, Eighth Circuit.

Decided December 31, 1980.

Attorney(s) appearing for the Case

Douglas R. Herman, Fargo, N. D., for petitioner/intervenor Associated General Contractors of North Dakota.

Robert D. Kurnick, Washington, D. C., for petitioners in No. 80-1012.

Eric Moskowitz, Atty., N. L. R. B., Washington, D. C., for respondent.

Before ROSS, Circuit Judge, GIBSON, Senior Circuit Judge, and STEPHENSON, Circuit Judge.

ROSS, Circuit Judge.

Two petitions for review of a decision and order of the National Labor Relations Board have been joined for our consideration. In an order dated September 25, 1979, the Board upheld and adopted Administrative Law Judge Donald R. Holley's conclusion that the Associated General Contractors of North Dakota ("AGC" or "the association") violated Section 8(a)(5) of the National Labor Relations Act1 by bargaining to impasse...

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