N.L.R.B. v. GERIG'S DUMP TRUCKING, INC.

No. 96-4093.

137 F.3d 936 (1998)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. GERIG'S DUMP TRUCKING, INC., Respondent.

United States Court of Appeals, Seventh Circuit.

Decided February 25, 1998.


Attorney(s) appearing for the Case

Charles P. Donnelly, Jr., National Labor Relations Board, Contempt Litigation Branch, Washington, DC, Aileen A. Armstrong, Vincent Falvo (argued), National Labor Relations Board, Appellate Court, Enforcement Litigation, Washington, DC, Roberto G. Chavarry, National Labor Relations Board, Indianapolis, IN, for Petitioner.

James H. Hanson (argued), Douglas C. Haney, David C. Milne, Scopelitis, Garvin, Light & Hanson, Indianapolis, IN, for Respondent.

Before BAUER, FLAUM, and KANNE, Circuit Judges.


FLAUM, Circuit Judge.

There is a fine line between threats and predictions. An Administrative Law Judge ("ALJ") found that Gerig's Dump Trucking ("Gerig's") crossed that line when it told its employees that it would sell the company's assets and shut down operations if its employees continued their unionization drive. The ALJ also found that Gerig's had unlawfully offered its employees additional medical benefits in an effort to stave off the unionization effort....

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