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

No. 89-1643.

931 F.2d 924 (1991)

AVECOR, INCORPORATED, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Oil, Chemical and Atomic Workers International Union, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 26, 1991.

Rehearing and Rehearing Denied July 3, 1991.

Attorney(s) appearing for the Case

Harold R. Weinrich, Washington, D.C., for petitioner. Ann Hale-Smith and Jeffrey M. Mintz, Atlanta, Ga., were on the brief for petitioner.

Judith P. Flower, Attorney, National Labor Relations Board ("NLRB"), with whom Aileen A. Armstrong, Deputy Associate General Counsel, and Barbara A. Atkin, Supervisory Atty., NLRB, Washington, D.C., were on the brief, for respondent.

John W. McKendree, Denver, Colo., and Lynn Agee, Memphis, Tenn., were on the brief, for intervenor.

Before BUCKLEY, WILLIAMS, and THOMAS, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 3, 1991.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

After chemical plant workers voted against union representation, the union charged the employer with unfair labor practices. The administrative law judge concluded that the employer had indeed violated the National Labor Relations Act, that the violations invalidated the election, that the misconduct was so serious that...

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