MAREMONT CORP. v. N.L.R.B.

Nos. 98-5042, 98-5130.

177 F.3d 573 (1999)

MAREMONT CORPORATION, A DIVISION OF ARVIN INDUSTRIES, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner, International Association of Machinists and Aerospace Workers, AFL-CIO (IAM), Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided May 25, 1999.


Attorney(s) appearing for the Case

Robert J. Englehart (argued and briefed), Frederick C. Havard (briefed), National Labor Relations Board, Appellate Court Branch, Washington, D.C., for Respondent.

Jonathan E. Kaplan (argued and briefed), Tanja L. Thompson, Jay W. Kiesewetter (briefed), Kiesewetter, Wise, Kaplan, Schwimmer & Prather, Memphis, Tennessee, for Petitioner.

Before: MERRITT, KENNEDY, and GILMAN, Circuit Judges.


OPINION

GILMAN, Circuit Judge.

Maremont Corporation appeals the National Labor Relations Board's December 31, 1997 Decision and Order finding that Maremont had engaged in unfair labor practices, in violation of 29 U.S.C. §§ 158(a)(1) and (a)(5), by refusing to bargain with the International Association of Machinists and Aerospace Workers, AFL-CIO (the "Union"). The Board cross-appeals for enforcement of the Order.

In an election held on...

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