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

Nos. 99-6379, 00-5433.

296 F.3d 384 (2002)

TNS, INC., Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner, Paper, Allied-Industrial, Chemical & Energy Workers International Union, Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 10, 2002.

Attorney(s) appearing for the Case

William M. Earnest (argued and briefed), Robert L. Thompson (briefed), Elarbee, Thompson & Trapnell, Atlanta, GA, Jeffrey B. Kent, Hill & Kertscher, Atlanta GA, for Petitioner.

Edward F. Hughes (argued and briefed), Aileen A. Armstrong (briefed), Howard E. Perlstein (briefed), National Labor Relations Board, Appellate Court Branch, Washington, DC, for Respondent.

Donald E. Jose (briefed), David Wiedis (briefed), Kristen B. Komer (briefed), Jose & Wiedis, West Chester, PA, George H. Cohen (briefed), Laurence S. Gold (briefed), Jeremiah A. Collins (briefed), Robert Alexander (briefed), Bredhoff & Kaiser, Washington, DC, for Intervenor.

Heather L. MacDougall (briefed), McGuiness, Norris & Williams, Washington, DC, for Amicus Curiae.

Before KENNEDY, GUY, and BOGGS, Circuit Judges.

OPINION

BOGGS, Circuit Judge.

This case is before the court upon the petition of TNS, Inc. ("TNS" or "the Company") to review, and the cross-application of the National Labor Relations Board ("NLRB" or "the Board") to enforce, an NLRB order finding that TNS breached obligations under Section 502 of the National Labor Relations Act ("NLRA") (29 U.S.C. § 143 (2002)) and ordering TNS to reinstate and pay back pay to employees affected by the Company's...

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