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N.L.R.B. v. HARRISON READY MIX CONCRETE, INC.

No. 84-6063.

770 F.2d 78 (1985)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. HARRISON READY MIX CONCRETE, INC., Respondent.

United States Court of Appeals, Sixth Circuit.

Decided August 13, 1985.

Attorney(s) appearing for the Case

Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C., Suzanne Stocking, Frances O'Connell (argued), Washington, D.C., for petitioner.

J. Michael Fischer (argued), Ennis, Roberts and Fischer Co., Cincinnati, Ohio, for respondent.

Before MARTIN and WELLFORD, Circuit Judges, and PECK, Senior Circuit Judge.

BOYCE F. MARTIN, Jr., Circuit Judge.

This is an enforcement action by the National Labor Relations Board. The NLRB, in a 2-1 decision, held that the respondent's failure to reinstate two returning strikers with full seniority was an unfair labor practice, distinguishing NLRB v. Mackay Radio Co., 304 U.S. 333, 58 S.Ct. 904, 82 L.Ed. 1381 (1938). We deny enforcement of the order.

Harrison Ready Mix Concrete, Inc., produces...

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