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N.L.R.B. v. FLOUR DANIEL, INC.

No. 94-6108.

102 F.3d 818 (1996)

NATIONAL LABOR RELATIONS BOARD, Petitioner-Appellee, v. FLUOR DANIEL, INC., Respondent-Appellant, International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers, and Helpers, AFL-CIO, Intervenor-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 18, 1996.

Attorney(s) appearing for the Case

Joseph J. Jablonski, Jr., argued, N.L.R.B., Office of the General Counsel, Washington, DC, Aileen A. Armstrong, Deputy Associate General Counsel, Peter Winkler, briefed, William M. Bernstein, N.L.R.B., Appellate Court Branch, Washington, DC, for N.L.R.B.

Charles R. Schwartz, Michael J. Stapp, argued and briefed, Michael T. Manley, Blake & Uhig, Kansas City, KS, for International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers, and Helpers.

Melvin Hutson, argued and briefed, Dallas G. Kingsbury, Thompson & Hutson, Greenville, SC, for Fluor Daniel, Inc.

Before: BOGGS and DAUGHTREY, Circuit Judges; and McKEAGUE, District Judge.

BOGGS, J., delivered the opinion of the court, in which McKEAGUE, D. J., joined. DAUGHTREY, J. (pp. 840-42), delivered a separate opinion concurring in part and dissenting in part.

BOGGS, Circuit Judge.

The National Labor Relations Board ("NLRB") has petitioned for enforcement of its order finding respondent, Fluor Daniel, Inc., to have committed various unfair labor practices against job applicants who are also union organizers and against an employee sympathetic...

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