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STRAIGHT CREEK MIN., INC. v. N.L.R.B.

Nos. 97-5677, 97-5834.

164 F.3d 292 (1998)

STRAIGHT CREEK MINING, INCORPORATED, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner.

United States Court of Appeals, Sixth Circuit.

Decided October 27, 1998.

Ordered Published December 14, 1998.

Attorney(s) appearing for the Case

Robert N. Townsend (argued and briefed), Dan D. Rhea and Lewis R. Hagood (briefed), Arnett, Draper & Hagood, Knoxville, Tennessee, for Petitioner/Cross-Respondent.

David Habenstreit (briefed), John D. Burgoyne, Acting Deputy Associate General Counsel, National Labor Relations Board, Office of the General Counsel, Washington, D.C., Rachel Gartner (argued and briefed), Aileen Armstrong (briefed), National Labor Relations Board, Appellate Court Branch, Washington, D.C., for Respondent/Cross-Petitioner.

Before: KEITH, NELSON, and RYAN, Circuit Judges.

OPINION

KEITH, Circuit Judge.

The National Labor Relations Board found Petitioner in violation of 29 U.S.C. § 158(a)(5) and (1), by failing and refusing to bargain collectively with the exclusive bargaining representative of its employees. The Board issued its decision and order on May 21, 1997, affirming the Administrative Law Judge's rulings, findings and conclusions, and adopting his recommended order as modified. The petitioner appeals, seeking...

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