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SAINT-GOBAIN INDUS. CERAMICS, INC. v. N.L.R.B.

No. 01-1365.

310 F.3d 778 (2002)

SAINT-GOBAIN INDUSTRIAL CERAMICS, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided November 26, 2002.

Attorney(s) appearing for the Case

Alisa L. Pittman argued the cause for petitioner. With her on the briefs was Stanford G. Wilson.

John R. McIntyre, Attorney, National Labor Relations Board, argued the cause for respondent. With him on the briefs were Arthur F. Rosenfeld, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Robert J. Englehart, Supervisory Attorney. Charles P. Donnelly, Supervisory Attorney, entered an appearance.

Before: RANDOLPH and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Saint-Gobain Industrial Ceramics, Inc. appeals the decision of the National Labor Relations Board that it violated § 8(a)(5) and (1) of the National Labor Relations Act, 29 U.S.C. § 158(a)(5) & (1) (2000), by refusing to bargain with the United Steelworkers of America, AFL-CIO, which the Board had certified as the exclusive unit representative. Attempting to come within...

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