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N.L.R.B. v. SEAWIN, INC.

No. 99-6624.

248 F.3d 551 (2001)

NATIONAL LABOR RELATIONS BOARD, Petitioner, Teamsters Local Union No. 20, Intervenor, v. SEAWIN, INC., Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 26, 2001.

Attorney(s) appearing for the Case

ARGUED: Timothy C. McCarthy, SHUMAKER, LOOP & KENDRICK, Toledo, Ohio, for Respondent.

Frederick C. Havard, NATIONAL LABOR RELATIONS BOARD, APPELLATE COURT BRANCH, Washington, D.C., for Petitioner.

John M. Roca, GALLON & TAKACS, Toledo, Ohio, for Intervenor.

ON BRIEF: Timothy C. McCarthy, SHUMAKER, LOOP & KENDRICK, Toledo, Ohio, for Respondent.

Aileen A. Armstrong, Joan Hoyte-Hayes, NATIONAL LABOR RELATIONS BOARD, Washington, D.C., for Petitioner.

John M. Roca, GALLON & TAKACS, Toledo, Ohio, for Intervenor.

Before: JONES and COLE, Circuit Judges; NUGENT, District Judge.

JONES, J., delivered the opinion of the court, in which NUGENT, D.J., joined. COLE, J., delivered a separate dissenting opinion.

Pursuant to Sixth Circuit Rule 206.

OPINION

NATHANIEL R. JONES, Circuit Judge.

Petitioner, the National Labor Relations Board ("NLRB" or "the Board") seeks enforcement of its decision and order finding that Respondent, Seawin, Inc. ("Seawin") violated 29 U.S.C. § 158(a)(1) and (a)(5) by refusing to bargain...

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