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NOEL FOODS, A DIV. OF NOEL CORP. v. N.L.R.B.

No. 95-1096.

82 F.3d 1113 (1996)

NOEL FOODS, A DIVISION OF NOEL CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided May 3, 1996.

Attorney(s) appearing for the Case

Gary E. Lofland, Yakima, WA, argued the cause and filed the briefs for petitioner.

David S. Habenstreit, Attorney, National Labor Relations Board, argued the cause for respondent, with whom Linda R. Sher, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, Washington, DC, and Peter D. Winkler, Supervisory Attorney, were on the brief.

Before: GINSBURG, ROGERS, and TATEL, Circuit Judges.

Opinion for the court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

When the collective bargaining agreement between General Teamsters Local 524 and Noel Foods expired before the parties had agreed upon a new contract, the Union voted to strike. In the hours preceding the strike, a Company representative told employees that the Company had hired permanent replacements and that anyone who went on strike would be permanently replaced. Several weeks...

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