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N.L.R.B. v. AMERICAN OLEAN TILE CO., INC.

No. 86-5308.

826 F.2d 1496 (1987)

NATIONAL LABOR RELATIONS BOARD, Petitioner, and Amalgamated Clothing and Textile Workers Union, AFL-CIO-CLC, Intervenor, v. AMERICAN OLEAN TILE COMPANY, INC., Respondent.

United States Court of Appeals, Sixth Circuit.

Decided August 13, 1987.

Rehearings and Rehearings Denied October 15, 1987.

Attorney(s) appearing for the Case

Elliott Moore, Deputy Associate General Counsel, N.L.R.B., Washington, D.C., Susan L. Williams (argued), William R. Stewart, Emil C. Farkas, Director, Region 9, N.L.R.B., Cincinnati, Ohio, for petitioner.

Arthur R. Donovan, Larry R. Downs, Kahn, Dees, Donovan, Kahn, Evansville, Ind., William Michael Schiff, Evansville, Ind., J. Alan Lips (argued), Taft, Stettinius & Hollister, Cincinnati, Ohio, for American Olean Tile.

Irwin H. Cutler, Jr. (argued), Louisville, Ky., for intervenor.

Before LIVELY, Chief Judge, BOGGS, Circuit Judge, and CELEBREZZE, Senior Circuit Judge.

Rehearings and Rehearings En Banc Denied October 15, 1987.

LIVELY, Chief Judge.

This case concerns the reemployment rights, respectively, of employees who offer to return to work during an economic strike and those who offer to return after the strike ends. The specific question is whether an employer may continue, after the strike ends and all employees are prepared to return, to recall employees from a chronological list based on the date of an unqualified...

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