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N.L.R.B. v. SUPERIOR OF MISSOURI, INC.

No. 03-1768.

351 F.3d 805 (2003)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SUPERIOR OF MISSOURI, INC., Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: December 9, 2003.

Attorney(s) appearing for the Case

D. Michael Linihan, argued, St. Louis, MO (Stephen B. Maule, on the brief), for petitioner.

Christopher W. Young, argued, Washington, DC (red L. Cornnell, Arthur F. Rosenfeld, John E. Higgins, Jr., John H. Ferguson, and Aileen A. Armstrong, on the brief), for respondent.

Before LOKEN, Chief Judge, McMILLIAN and HANSEN, Circuit Judges.

LOKEN, Chief Judge.

On June 19, 1998, a National Labor Relations Board agent overslept, forcing the postponement of a 6:00 a.m. election to determine whether Teamsters Local Union No. 682 would represent the drivers and helpers employed by Superior of Missouri, Inc. The election was held one week later, and the Union prevailed. The Board certified the Union, rejecting Superior's objections to the election without holding an evidentiary hearing. Superior refused to...

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