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WILSON AND SONS HEATING & PLUMBING v. N.L.R.B.

No. 91-1308.

971 F.2d 758 (1992)

WILSON AND SONS HEATING AND PLUMBING, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided August 7, 1992.

As Amended August 7, 1992.

Attorney(s) appearing for the Case

Anna K. Holmberg, Ithaca, N.Y., for petitioner.

David A. Seid, Attorney, N.L.R.B., with whom Jerry M. Hunter, General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Linda Dreeben, Supervisory Attorney, Washington, D.C., were on the brief, for respondent.

Before: SILBERMAN, BUCKLEY and WILLIAMS, Circuit Judges.

Opinion for the Court filed by Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

The principal claim here arises out of a special provision of the National Labor Relations Act relating to the construction industry. Section 8(f), 29 U.S.C. § 158(f) (1988), permits construction employers and unions to enter into collective bargaining agreements before the union has established its majority status. Under the Board's decision in John Deklewa...

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