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FOX PAINTING CO. v. N.L.R.B.

Nos. 89-6317, 89-6509.

919 F.2d 53 (1990)

FOX PAINTING COMPANY and Fox Painting and Decorating, Inc., Petitioners and Cross-Respondents, v. NATIONAL LABOR RELATIONS BOARD, Respondent and Cross-Applicant.

United States Court of Appeals, Sixth Circuit.

Decided November 16, 1990.

Attorney(s) appearing for the Case

Andrew J. Russell (argued), Smith & Smith, Louisville, Ky., C. Wayne Shepherd, Lexington, Ky., for petitioners and cross-respondents.

Aileen A. Armstrong, Deputy Associate Gen. Counsel, Peter Winkler, Paul Hitterman (argued), N.L.R.B., Office of the Gen. Counsel, Washington, D.C., Andrew L. Lang, N.L.R.B., Region 9, Cincinnati, Ohio, for respondent and cross-applicant.

Before NELSON and NORRIS, Circuit Judges, and HIGGINS, District Judge.

DAVID A. NELSON, Circuit Judge.

This is an unfair labor practice case involving a "pre-hire" agreement between a construction industry employer and a painters' union. The case, which has been here before, began a decade ago, after the employer repudiated the agreement. The National Labor Relations Board found the repudiation improper and ordered the employer to pay wages lost between the date of the repudiation and the date the employer either reached a new agreement...

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