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DORSEY TRAILERS, INC. v. N.L.R.B.

Nos. 96-3392, 96-3578.

134 F.3d 125 (1998)

DORSEY TRAILERS, INC., Northumberland Pa Plant, Petitioner in No. 96-3392, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner in No. 96-3578, International Union, Automobile, Aerospace & Agriculture Implement Workers of America, and its Local 1868, Intervenor, v. DORSEY TRAILERS, INC., Northumberland Pa Plant, Respondent.

United States Court of Appeals, Third Circuit.

Decided January 13, 1998.

Attorney(s) appearing for the Case

Michael S. Mitchell (argued) Robert E. Larkin, III, Fisher & Phillips, New Orleans, LA, for Petitioner/Cross-Respondent, Dorsey Trailers.

Robert J. Englehart (argued) Charles P. Donnelly, Aileen A. Armstrong, National Labor Relations Board, Washington, DC, for Respondent/Cross-Petitioner, National Labor Relations Board.

Stephen A. Yokich (argued) United Auto Worker's International Union, Washington, DC, for Intervenor, Local 1868.

Before: GREENBERG and McKEE, Circuit Judges, and GREENAWAY, District Judge.

OPINION OF THE COURT

GREENAWAY, Jr., District Judge.

The critical issue before this Court is whether petitioner Dorsey Trailers, Inc. ("Dorsey") violated the National Labor Relations Act (the "Act") when it entered into a subcontracting agreement without first negotiating with its employees' union representatives. The National Labor Relations Board (the "Board" or "N.L.R.B.") reversed the Administrative Law Judge's ("ALJ") conclusion that no such violation...

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