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

Nos. 92-9548, 92-9559.

19 F.3d 502 (1994)

BORDEN, INC., Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner, Local 222, International Brotherhood of Teamsters, AFL-CIO, Intervenor/Petitioner.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied April 18, 1994.

Attorney(s) appearing for the Case

Marilyn O'Rourke, Washington, DC (Frederick C. Havard, Supervisory Atty., with her on the brief), for respondent/cross-petitioner, N.L.R.B.

William F. Schoeberlein, Harding & Ogborn, Denver, CO, (Keith King, Counsel, Borden, Inc., Columbus, OH, with him on the brief), for petitioner/cross-respondent, Borden, Inc.

Stephen W. Cook, Cook & Davis, Salt Lake City, UT, for petitioner, Local 222, Intern. Broth. of Teamsters, AFL-CIO.

Before McKAY, HOLLOWAY, and GARTH, Circuit Judges.

GARTH, Senior Circuit Judge.

Both Local 222, International Brotherhood of Teamsters, AFL-CIO ("Union") and Borden, Inc. ("Borden") have petitioned for review of an order entered by the National Labor Relations Board ("Board") on July 31, 1992. The Board has cross-petitioned for enforcement of its order.

I

A.

The order promulgated by the Board held that Borden had violated: 1) section 8(a)(5) of the National Labor Relations Act (the "Act...

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