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N.L.R.B. v. BROWN-GRAVES LUMBER CO.

No. 91-5080.

949 F.2d 194 (1991)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. BROWN-GRAVES LUMBER COMPANY, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided November 13, 1991.

Rehearing and Rehearing Denied January 13, 1992.

Attorney(s) appearing for the Case

Aileen A. Armstrong, Deputy Assoc. Gen. Counsel, Collis Suzanne Stocking, Joseph J. Jablonski, Jr. (argued and briefed), N.L.R.B., Office of Gen. Counsel, Washington, D.C., Frederick Calatrello, Director, N.L.R.B., Region 8, Cleveland, Ohio, for petitioner.

Gary W. Spring (argued and briefed), George W. Rooney (briefed), Roetzel & Andress, Akron, Ohio, for respondent.

Before MARTIN and MILBURN, Circuit Judges, and JOINER, Senior District Judge.

Rehearing and Rehearing En Banc Denied January 13, 1992.

BOYCE F. MARTIN, Jr., Circuit Judge.

Brown-Graves Lumber Company appeals the National Labor Relations Board decision that the company violated the National Labor Relations Act when it unilaterally retained "casual labor" after the contract with its union workers expired. The Board found that Brown-Graves' unilateral action precluded the occurrence of a valid, goodfaith bargaining impasse and that the...

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