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DAYTON HUDSON DEPT. STORE CO. v. N.L.R.B.

Nos. 94-6092, 94-6281.

79 F.3d 546 (1996)

DAYTON HUDSON DEPARTMENT STORE COMPANY, a Division of Dayton Hudson Corporation, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner, International Union, United Automobile, Aerospace And Agricultural Implement Workers Of America (UAW), Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided March 29, 1996.

Attorney(s) appearing for the Case

Timothy K. Carroll (argued and briefed), John F. Birmingham, Jr., Dykema & Gossett, Detroit, MI, for Petitioner Cross-Respondent.

Joan Hoyte-Hayes (briefed), National Labor Relations Board, Office of the General Counsel, Aileen A. Armstrong, Dep. Associate General Counsel, National Labor Relations Board, Appellate Court Branch, Margaret Gaines Neigus (argued), National Labor Relations Board, Washington, DC, for Respondent Cross-Petitioner.

Jordan Rossen, Nancy Schiffer (argued and briefed), Associate General Counsel, International Union, UAW, Detroit, MI, for Intervenor.

Before: MERRITT, Chief Judge; WELLFORD and BATCHELDER, Circuit Judges.

WELLFORD, Circuit Judge.

Petitioner Dayton Hudson Department Store Company ("Hudson") operates a chain of retail department stores in the Midwest. In 1990, some of the employees of Hudson's store at the Westland Mall in Westland, Michigan, began an effort to organize and bring in the UAW. On May 11, 1990, an authorized ballot of eligible workers took place; 274 votes were cast for the union and 179 against. Thereafter, Hudson filed timely objections with the NLRB...

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