ESMARK, INC. v. N.L.R.B.

Nos. 88-2340, 88-2524.

887 F.2d 739 (1989)

ESMARK, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, United Food & Commercial Workers International Union, AFL-CIO, Intervenor.

United States Court of Appeals, Seventh Circuit.

Decided October 6, 1989.


Attorney(s) appearing for the Case

Philip V. Carter and Douglas A. Darch, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, Ill., for Esmark, Inc.

Aileen A. Armstrong, N.L.R.B., Appellate Court, Enforcement Litigation, Washington, D.C., Judith A. Dowd, N.L.R.B., Paul J. Spielberg, John C. Truesdale, Washington, D.C., and Donald J. Crawford, N.L. R.B., Region 13, Chicago, Ill., Irving M. King, Cotton, Watt, Jones & King, Chicago, Ill., George R. Murphy, Washington, D.C., Philip V. Carter, John S. Schauer, Douglas A. Darch, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, Ill., Carol Clifford, Washington, D.C., George V. Gallagher, Palos Park, Ill., Charles E. Sykes, Bruckner & Sykes, Houston, Tex., George P. Blake, Lawrence J. Casazza, Vedder, Price, Kaufman & Kammholz, Chicago, Ill., for United Food & Commercial Workers Intern. Union, AFL-CIO, et al.

Before CUDAHY, EASTERBROOK and FLAUM, Circuit Judges.


CUDAHY, Circuit Judge.

Esmark, Inc. petitions for review of an order of the National Labor Relations Board (the "NLRB" or "Board") finding Esmark guilty of violations of sections 8(a)(3) and 8(a)(5) of the National Labor Relations Act (the "NLRA"), 29 U.S.C. section 158(a)(3), (a)(5). The Board's order is reported at 289 N.L.R.B. No. 51 (June 29, 1988). We grant Esmark's petition for review and remand the case to the Board for further proceedings.

I.

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