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KI (USA) CORP. v. N.L.R.B.

Nos. 93-5679, 93-5832.

35 F.3d 256 (1994)

KI (USA) CORPORATION, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner, International Union, United Automobile, Aerospace & Agricultural Implement Workers of America, Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided September 14, 1994.

Attorney(s) appearing for the Case

Freddie B. Westfall, Jr., Huddleston, Bolen, Beatty, Porter & Copen, Huntington, WV, Richard C. Hotvedt, Morgan, Lewis & Bockius, Washington, DC (argued and briefed), for KI (USA) Corp.

John C. Truesdale, Executive Secretary, N.L.R.B., Office of Gen. Counsel, Washington, DC, D. Randall Frye, Regional Director, Joseph C. Devine, N.L.R.B., Cincinnati, OH, Aileen A. Armstrong, Dep. Asso. Gen. Counsel, Charles P. Donnelly, Jr. (briefed), Joseph E. Moore, Joseph E. Moore, John Arbab (briefed and argued), N.L.R.B., Washington, DC, for N.L.R.B.

David W. Hupp, Irwin H. Cutler, Jr. (argued and briefed), Segal, Isenburg, Sales, Stewart, Cutler & Tillman, Louisville, KY, for Intern. Union, United Auto., Aerospace and Agr. Implement Workers of America, UAW.

Before: KENNEDY and SILER, Circuit Judges; and BROWN, Senior Circuit Judge.

BAILEY BROWN, Senior Circuit Judge.

KI USA Corporation (the Company) petitions to review an order of the National Labor Relations Board (the Board) requiring it to negotiate with the United Auto Workers Union (the Union) pursuant to an election and subsequent Board certification of the Union as the exclusive bargaining representative of the Company's Berea, Kentucky unit employees. The Company filed several Objections to the election results, a vote of 19-16 in favor...

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