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

Nos. 92-5866, 92-5909.

2 F.3d 168 (1993)

YHA, INC., Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner.

United States Court of Appeals, Sixth Circuit.

Decided August 11, 1993.

Attorney(s) appearing for the Case

G. Roger King (argued and briefed), William A. Nolan, Jones, Day, Reavis & Pogue, Columbus, OH, Jon R. Steen, Human Relations Resource Council, Youngstown, OH, for YHA, Inc.

Aileen A. Armstrong, Dep. Asso. Gen. Counsel, Peter Winkler (briefed), Angela Washington (argued and briefed), N.L.R.B., Office of the General Counsel, Washington, DC, Frederick Calatrello, Director, Rufus L. Warr, N.L.R.B. Region 8, Cleveland, OH, for N.L.R.B.

Before: GUY and SUHRHEINRICH, Circuit Judges, and JOINER, Senior District Judge.

JOINER, Senior District Judge.

YHA, Inc., petitions the court to set aside the order of the National Labor Relations Board, 1992 WL 122633, finding that YHA had violated § 8(a)(5) of the National Labor Relations Act, 29 U.S.C. § 158(a)(5), by refusing to bargain with the union representing its nonprofessional employees over the implementation of a no-smoking policy. YHA does not dispute that the policy constitutes a mandatory subject of bargaining, but contends...

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