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N.L.R.B. v. FOUNDRY DIVISION OF ALCON IND.

No. 00-5062

260 F.3d 631 (2001)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. FOUNDRY DIVISION OF ALCON INDUSTRIES, INC., Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 9, 2001

Attorney(s) appearing for the Case

ARGUED: David Habenstreit, NATIONAL LABOR RELATIONS BOARD, OFFICE OF THE GENERAL COUNSEL, Washington, D.C., for Petitioner. Alan G. Ross, ROSS, BRITTAIN & SCHONBERG, Cleveland, Ohio, for Respondent. ON BRIEF: David Habenstreit, NATIONAL LABOR RELATIONS BOARD, OFFICE OF THE GENERAL COUNSEL, Washington, D.C., Aileen A. Armstrong, Usha Dheenan, NATIONAL LABOR RELATIONS BOARD, APPELLATE COURT BRANCH, Washington, D.C., for Petitioner. Alan G. Ross, David T. Andrews, Fred N. Seleman, ROSS, BRITTAIN & SCHONBERG, Cleveland, Ohio, for Respondent.

Before: JONES and DAUGHTREY, Circuit Judges; ECONOMUS, District Judge.

OPINION

NATHANIEL R. JONES, Circuit Judge.

This case is before the Court on the application of Petitioner National Labor Relations Board ("Board" or "NLRB") to enforce a Board order issued against Respondent Foundry Division of Alcon Industries, Inc. ("Company"). The Company has refused to bargain with the Union based on objections to the underlying representation election. This appeal requires us to determine whether, on the facts of this case, the Board...

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