CLOW WATER SYSTEMS CO., DIV. OF McWANE v. N.L.R.B.

Nos. 95-5656, 95-5799.

92 F.3d 441 (1996)

CLOW WATER SYSTEMS COMPANY, DIVISION OF McWANE, INC., Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner.

United States Court of Appeals, Sixth Circuit.

Decided August 19, 1996.


Attorney(s) appearing for the Case

Frank H. Stewart (argued and briefed), David H. Peck, Taft, Stettinius & Hollister, Cincinnati, OH, William F. Gardner (briefed), Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, AL, for Petitioner.

Aileen A. Armstrong, Deputy Assoc. Gen. Counsel, Linda Dreeben (briefed), Appellate Court Branch, Meredith L. Jason (argued and briefed), National Labor Relations Board, Washington, DC, for Respondent.

Before: RYAN and NORRIS, Circuit Judges; JOINER, District Judge.


JOINER, District Judge.

Petitioner Clow Water Systems Company seeks review of an order of the National Labor Relations Board, finding that Clow committed an unfair labor practice by permanently replacing economic strikers after they had made an unconditional offer to return to work. The offer was made by a facsimile transmission, which was not seen by the intended recipient or anyone else at the company until after the replacement workers had been hired. Based upon...

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