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ASSOCIATED RUBBER CO. v. N.L.R.B.

No. 01-12884.

296 F.3d 1055 (2002)

ASSOCIATED RUBBER COMPANY, Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner, United Steelworkers of America, AFL-CIO-CLC, Respondent-Intervenor.

United States Court of Appeals, Eleventh Circuit.

July 5, 2002.

Attorney(s) appearing for the Case

Curtis L. Mack, Richard B. Hankins, Christopher Shane Keith, Diana D. Suber, McGuire Woods LLP, Atlanta, GA, for Associated Rubber Co.

Frederick C. Havard, Aileen A. Armstrong, Christopher Young, National Labor Relations Board, Washington, DC, Joseph P. Stuligross, United Steelworkers of America, AFL-CIO-CLC, Pittsburgh, PA, for N.L.R.B. and United Steelworkers of America.

Before EDMONDSON, Chief Judge, and CARNES and SILER, Circuit Judges.

CARNES, Circuit Judge:

An employee of Associated Rubber Company was threatened and subjected to greater risk of physical injury on the job because of his opposition to the union, and news of that happening was disseminated among a number of employees. The issue is whether that misconduct invalidates the results of the close vote in favor of the union in the certification election which occurred shortly thereafter. In a split decision the National Labor Relations Board...

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