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CPS CHEMICAL CO., INC. v. N.L.R.B.

Nos. 97-3595, 97-3659.

160 F.3d 150 (1998)

CPS CHEMICAL COMPANY, INC., Petitioner in 97-3595, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Oil, Chemical and Atomic Workers International Union, AFL-CIO, Intervenor-Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner in No. 97-3659, Oil, Chemical and Atomic Workers International Union, AFL-CIO, Intervenor-Petitioner, v. CPS CHEMICAL COMPANY, INC., Respondent.

United States Court of Appeals, Third Circuit.

Decided November 9, 1998.

Attorney(s) appearing for the Case

William K. Harvey (Argued), Jackson, Shields, Yeiser & Cantrell, Cordova, TN, Mark Edward Rogart, General Counsel, CPS Chemical Company, Inc., Woodbridge, NJ, for CPS Chemical Co.

Steven B. Goldstein (Argued), National Labor Relations Board, Contempt Litigation Branch, Washington, DC, Margaret A. Gaines, Frederick L. Feinstein, Linda Sher, Aileen A. Armstrong, National Labor Relations Board, Washington, DC, for National Labor Relations Board.

Marsha S. Berzon (Argued), Altshuler, Berzon, Nussbaum, Berzon & Rubin, San Francisco, CA, Jonathan P. Hiatt, James B. Coppess, AFL-CIO, Washington, DC, Kathleen A. Hostetler, Oil, Chemical & Atomic Workers International Union, AFL-CIO, Lakewood, CO, for Oil, Chemical and Atomic Workers International Union, AFL-CIO.

Before: BECKER, Chief Judge, WEIS and GARTH, Circuit Judges.

OPINION OF THE COURT

BECKER, Chief Judge.

CPS Chemical Company, Inc. ("CPS") petitions for review of an order of the National Labor Relations Board ("NLRB" or "Board") finding that CPS violated section 8(a)(1) and (5) of the National Labor Relations Act ("NLRA" or "Act") by refusing to recognize and bargain with Local 8-397 of the Oil, Chemical and Atomic Workers International Union ("OCAW" or "International"). The Board has cross-petitioned for enforcement...

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