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ULTRASYSTEMS WESTERN CONSTRUCTORS, INC. v. N.L.R.B.

Nos. 93-1265, 93-1453.

18 F.3d 251 (1994)

ULTRASYSTEMS WESTERN CONSTRUCTORS, INCORPORATED, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, The International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO, Intervenor. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ULTRASYSTEMS WESTERN CONSTRUCTORS, INCORPORATED, Respondent, The International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided March 3, 1994.

Attorney(s) appearing for the Case

ARGUED: Warren Malcolm Davison, Littler, Mendelson, Fastiff & Tichy, Baltimore, Maryland, for Petitioner. David Arthur Fleischer, Senior Attorney, National Labor Relations Board, Washington, D.C., for Respondent. Michael James Stapp, Blake & Uhlig, P.A., Kansas City, Kansas, for Intervenor.

ON BRIEF: Roger D. Meade, Thomas P. Dowd, Littler, Mendelson, Fastiff & Tichy, Baltimore, Maryland, for Petitioner. Jerry M. Hunter, General Counsel, Yvonne T. Dixon, Acting Deputy General Counsel, Nicholas E. Karatinos, Acting Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, National Labor Relations Board, Washington, D.C., for Respondent. Michael T. Manley, Blake & Uhlig, P.A., Kansas City, Kansas, for Intervenor.

Before NIEMEYER and HAMILTON, Circuit Judges, and KAUFMAN, Senior United States District Judge for the District of Maryland, sitting by designation.

OPINION

NIEMEYER, Circuit Judge:

In connection with the efforts of the International Brotherhood of Boilermakers, Ironship Builders, Blacksmiths, Forgers & Helpers, and the United States Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry (hereafter collectively, "the Union") to organize the employees of Ultrasystems Western Constructors, Inc. ("Ultrasystems"), the National Labor Relations Board found that Ultrasystems...

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