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FREUND BAKING CO. v. N.L.R.B.

No. 97-1694.

165 F.3d 928 (1999)

FREUND BAKING COMPANY, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner. Bakery, Confectionery, and Tobacco Workers International Union, Local 119, AFL-CIO, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 22, 1999.

Attorney(s) appearing for the Case

Ronald I. Tisch argued the cause for petitioner/cross-respondent. With him on the briefs was David S. Durham.

Steven B. Goldstein, Attorney, National Labor Relations Board, argued the cause for respondent/cross-petitioner. With him on the brief were Linda Sher, Associate General Counsel, John D. Burgoyne, Acting Deputy Associate General Counsel, and Margaret A. Gaines, Supervisory Attorney.

Larry Engelstein argued the cause for intervenor Bakery, Confectionery, and Tobacco Workers International Union, Local 119, AFL-CIO. With him on the brief were Jonathan P. Hiatt, James Coppess, David Rosenfeld, Jeffrey R. Freund and Laurence Gold.

Before: SILBERMAN, GINSBURG, and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

The National Labor Relations Board certified the Bakery, Confectionary, and Tobacco Workers, Local 119, AFL-CIO as the exclusive representative of certain employees of Freund Baking Company after the Union won a representation election. Freund nevertheless refused to bargain, asserting that the Union had impermissibly interfered with the election by providing free legal services...

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