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JOHN M. HORN LUMBER CO. v. N.L.R.B.

Nos. 86-6209, 87-5143.

859 F.2d 1242 (1988)

The JOHN M. HORN LUMBER CO., Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner, Ohio Valley Carpenters, Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided October 20, 1988.

Attorney(s) appearing for the Case

Bruce A. Hoffman (argued), Cincinnati, Ohio, for petitioner, cross-respondent.

Elliott Moore, Deputy Associate General Counsel, N.L.R.B., Washington, D.C., Judith Dowd, (argued), Charles Donnelly, Peter Winkler, for respondent, cross-petitioner.

D.M. Silberman, Washington, D.C., for intervenor.

Before ENGEL, Chief Judge, KENNEDY, Circuit Judge, and EDWARDS, Senior Circuit Judge.

ENGEL, Chief Judge.

The John M. Horn Lumber Company petitions for review of a National Labor Relations Board order, finding that it violated sections 8(a)(1) and (a)(5) of the National Labor Relations Act (NLRA) 29 U.S.C. § 158(a)(1) and (a)(5)) by refusing to bargain with the United Brotherhood of Carpenters, Ohio Valley Carpenters District Counsel, Local Union No. 415, AFL-CIO (Union), as the certified representative of its employees. Horn Lumber admits that...

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