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N.L.R.B. v. WEHR CONSTRUCTORS, INC.

No. 96-5358.

159 F.3d 946 (1998)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. WEHR CONSTRUCTORS, INC., Respondent.

United States Court of Appeals, Sixth Circuit.

Decided October 26, 1998.

Attorney(s) appearing for the Case

Aileen A. Armstrong, Dep. Asso. Gen. Counsel, Charles P. Donnelly, Jr., William M. Bernstein (argued and briefed), National Labor Relations Board, Appellate Court Branch, Washington, DC, for Petitioner.

Andrew J. Russell (argued and briefed), Smith & Smith, Louisville, KY, for Respondent.

Before: SILER, BATCHELDER, and GIBSON, Circuit Judges.

OPINION

JOHN R. GIBSON, Circuit Judge.

The National Labor Relations Board seeks enforcement of its Order against Wehr Constructors, Inc., finding that Wehr violated sections 8(a)(1), (3), and (5) of the National Labor Relations Act (the Act), 29 U.S.C. § 158(a)(1), (3), and (5) (1994). Wehr contests two findings of the Board, both of which center on Wehr's statutory duty to bargain with the Kentucky State District...

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