NEW BERLIN GRADING CO., INC. v. N.L.R.B.

Nos. 90-1586, 90-2124, 90-2174, 90-2520, 90-2180, 90-2519, 90-2631 and 90-2862.

946 F.2d 527 (1991)

NEW BERLIN GRADING COMPANY, INC., Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner, and International Union of Operating Engineers, Local 139, AFL-CIO, Intervenor-Respondent, Cross-Intervenor-Petitioner. SUNNY SLOPE GRADING, INC., Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner, and International Union of Operating Engineers, Local 139, AFL-CIO, Intervenor-Respondent, Cross-Intervenor-Petitioner. SCHNEIDER EXCAVATING, INC., Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner, and International Union of Operating Engineers, Local 139, AFL-CIO, Intervenor-Respondent, Cross-Intervenor-Petitioner. STOEHR GRADING COMPANY, INC., Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner, and International Union of Operating Engineers, Local 139, AFL-CIO, Intervenor-Respondent.

United States Court of Appeals, Seventh Circuit.

Decided October 22, 1991.


Attorney(s) appearing for the Case

Anne B. Shindell (argued), Jeffrey N. Gingold, Shindell & Shindell, Milwaukee, Wis., for Stoehr Grading Co., Inc. and Schneider Excavating, Inc.

Robert N. Herman (argued), Robert C. Truesdale, N.L.R.B., Contempt Litigation Branch, Aileen A. Armstrong, Elliott Moore, Peter D. Winkler, N.L.R.B., Appellate Court, Enforcement Litigation, Washington, D.C., George F. Squillacote, Joseph A. Szabo, Director, Philip E. Bloedorn, N.L.R.B., Region 30, Milwaukee, Wis., for N.L.R.B.

Warren Kaston (argued), Intern. Union of Operating Engineers, Pewaukee, Wis., for Intern. Union of Operating Engineers, Local No. 139, AFL-CIO.

Anne B. Shindell (argued), Shindell & Shindell, Milwaukee, Warren Kaston, Intern. Union of Operating Engineers, Pewaukee, Wis., for New Berlin Grading Co., Inc.

Anne B. Shindell (argued), Shindell & Shindell, Milwaukee, Wis., for Sunny Slope Grading, Inc.

Before FLAUM, RIPPLE and MANION, Circuit Judges.


MANION, Circuit Judge.

These consolidated cases involve petitions for review by four Wisconsin construction companies (New Berlin Grading Co., Sunny Slope Grading, Schneider Excavating, and Stoehr Grading Co.) of orders by the National Labor Relations Board finding that the companies committed unfair labor practices by refusing to recognize and bargain with the union certified to represent their equipment operators and mechanics. The NLRB has cross-petitioned for...

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