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VALMONT INDUSTRIES, INC. v. N.L.R.B.

No. 99-60439.

244 F.3d 454 (2001)

VALMONT INDUSTRIES, INC., Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

Revised April 6, 2001.

Attorney(s) appearing for the Case

Roger J. Miller (argued), McGrath, North, Mullin & Kratz, Omaha, NE, Charles R. Watson, Jr., Mullin Hoard & Brown, Amarillo, TX, for Valmont Industries, Inc.

David Allen Seid, Aileen A. Armstrong, Deputy Associate General Counsel, David S. Habenstreit (argued), NLRB, Washington, DC, Michael Dunn, Dirctor, NLRB, Fort Worth, TX, for NLRB.

Before WIENER and STEWART, Circuit Judges, and ROSENTHAL, District Judge.

ROSENTHAL, District Judge:

Valmont Industries, Inc. petitions for review of the National Labor Relations Board's Decision and Order finding unfair labor practices. The Board cross-petitions for enforcement of its Order. The Board's Order affirmed the decision of an administrative law judge that Valmont violated sections 8(a)(1) and (a)(3) of the National Labor Relations Act, 29 U.S.C. §§ 158(a)(1) and (a)(3), by giving two employees written warnings motivated...

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