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IMS MFG. CO., INC. v. N.L.R.B.

Nos. 86-5253, 86-5436.

813 F.2d 113 (1987)

IMS MANUFACTURING COMPANY, INC., Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner, International Ladies' Garment Workers, AFL-CIO & Local 469, Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided March 10, 1987.

Attorney(s) appearing for the Case

Andrew J. Russell (argued), Smith and Smith, Louisville, Ky., for petitioner.

Elliott Moore, Deputy Associate Gen. Counsel, National Labor Relations Board, Washington, D.C., Kenneth B. Hipp, Nancy Hunt, Karen J. Ward, Mark McCarty (argued), Emil C. Farkas, Director, Region 9, NLRB, Cincinnati, Ohio, for respondent.

Irwin H. Cutler, Jr. (argued) (Intervenor), Louisville, Ky., Linda J. Wallbaum, for intervenor.

Before: LIVELY, Chief Judge; JONES and GUY, Circuit Judges.

PER CURIAM.

The employer, IMS Manufacturing Company, Inc., petitions for review of a decision of the National Labor Relations Board and the Board has filed a cross-application for enforcement. The Board's order is reported at 278 NLRB No. 79 (1986). The determinative issue in the case is whether IMS is a successor of Kane Industries. The Board found that IMS is a successor to Kane and that it committed an unfair labor practice in refusing to bargain with the International...

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