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PUBLIC SERVICE CO. OF COLORADO v. N.L.R.B.

Nos. 00-9523, 00-9532.

271 F.3d 1213 (2001)

PUBLIC SERVICE COMPANY OF COLORADO, Petitioner and Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent and Cross-Petitioner, International Brotherhood of Electrical Workers, Local No. 111, Intervenor.

United States Court of Appeals, Tenth Circuit.

November 23, 2001.

Attorney(s) appearing for the Case

Charles Donnely, Supervisory Attorney, Rachel Gartner, Attorney, Leonard R. Page, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, National Labor Relations Board Washington, DC, on the brief for Respondent and Cross-Petitioner.

Kevin W. Hecht (Todd Q. Clarke with him on the brief), of White and Steele, P.C., Denver, CO, for Petitioner and Cross-Respondent.

Joseph M. Goldhammer, (Susan J. Eckert with him on the brief), of Brauer, Buescher, Valentine, Goldhammer, Kelman & Eckert, P.C., Denver, CO, for Intervenor.

Before BRISCOE, McKAY, and HALL, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge.

This case involves a petition for review and cross-petition for enforcement of an order of the National Labor Relations Board ("NLRB" or the "Board"). The Board determined that the Public Service Company of Colorado ("Public Service" or the "Company") violated § 8(a)(1) and (5) of the National Labor Relations Act (the "NLRA" or the "Act"), 29 U.S.C. § 158(a)(1) and (5), by refusing to bargain with the International Brotherhood...

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