NEPHI RUBBER PRODUCTS CORP. v. N.L.R.B.

No. 91-9541.

976 F.2d 1361 (1992)

NEPHI RUBBER PRODUCTS CORP., a Cypher-Jones Company, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Tenth Circuit.

October 9, 1992.


Attorney(s) appearing for the Case

Thomas D. MacMullen of MacMullen & Associates, Pittsburgh, Pa., for petitioner.

Claude Francke, (Jerry M. Hunter, General Counsel; D. Randall Frye, Acting Deputy General Counsel; Aileen A. Armstrong, Deputy Associate General Counsel; Howard E. Perlstein, Supervisory Atty., with him on the brief), N.L.R.B., Washington, D.C., for respondent.

Before LOGAN, SETH and SNEED, Circuit Judges.


LOGAN, Circuit Judge.

Nephi Rubber Products Corp., a Cypher-Jones company (Cypher-Jones), petitions for review of a National Labor Relations Board (Board) decision holding that Cypher-Jones is a successor employer to Nephi Rubber Products, Inc., a Bastian Industries company (Bastian), for purposes of union recognition and negotiation. Jurisdiction in this court is proper under 29 U.S.C. § 160(f).

I

The Nephi Rubber Products plant, owned at various...

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