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COMMONWEALTH COMMUNICATIONS, INC. v. N.L.R.B.

No. 01-1401.

312 F.3d 465 (2002)

COMMONWEALTH COMMUNICATIONS, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. International Brotherhood of Electrical Workers Local Union No. 98, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 13, 2002.

Attorney(s) appearing for the Case

Matthew Lee Wiener argued the cause for petitioner. With him on the briefs was Jerome A. Hoffman.

Joan E. Hoyte, Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief 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.

Richard B. Sigmond was on the brief for intervenor in support of respondent.

Before: GINSBURG, Chief Judge, EDWARDS, Circuit Judge, and SILBERMAN, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

Commonwealth Communications, Inc. ("CCI") petitions for review of a National Labor Relations Board ("NLRB" or "Board") decision, and the Board cross-applies for enforcement. The NLRB held that the petitioner violated sections 8(a)(5) and (1) of the National Labor Relations Act ("NLRA"), 29 U.S.C. § 158(a)(5), (1), by failing to comply with a request from Local 98, International...

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