HENRY BIERCE CO. v. N.L.R.B.

Nos. 92-5756, 92-5864.

23 F.3d 1101 (1994)

The HENRY BIERCE COMPANY, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner.

United States Court of Appeals, Sixth Circuit.

Decided May 17, 1994.


Attorney(s) appearing for the Case

Keith L. Pryatel (argued and briefed), Millisor & Nobil, Cleveland, OH, for the Henry Bierce Co.

Aileen A. Armstrong, Deputy Associate Gen. Counsel, Richard A. Cohen (argued and briefed), Collis Suzanne Stocking (briefed), N.L.R.B., Office of the Gen. Counsel, Washington, DC, and Frederick Calatrello, Director and Paul C. Lund, N.L.R.B., Region 8, Cleveland, OH, for N.L.R.B.

Before: MARTIN and BOGGS, Circuit Judges; and KRUPANSKY, Senior Circuit Judge.


BOYCE F. MARTIN, JR., Circuit Judge.

The Henry Bierce Company requests review of a National Labor Relations Board decision finding that the company violated Sections 8(a)(1) and (5) of the National Labor Relations Act, 29 U.S.C. §§ 158(a)(1) and (5), by conducting an unlawful poll and dealing directly with an employee.

The company maintains that it did not receive sufficient notice that the poll would be attacked as an unfair labor practice, and...

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