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N.L.R.B. v. MIDWESTERN PERSONNEL

Nos. 02-2209, 02-2566.

322 F.3d 969 (2003)

NATIONAL LABOR RELATIONS BOARD, Petitioner/Cross-Respondent, v. MIDWESTERN PERSONNEL SERVICES, INC., Respondent/Cross-Petitioner.

United States Court of Appeals, Seventh Circuit.

Decided March 11, 2003.

Attorney(s) appearing for the Case

Christopher W. Young (Argued), National Labor Relations Board, Contempt Litigation Branch, Washington, DC, Frederick C. Havard, National Labor Relations Board, Appellate Court, Enforcement Litigation, Washington, DC, Roberto G. Chavarry, National Labor Relations Board, Region 25, Indianapolis, IN, for Petitioner/Cross-Respondent.

James U. Smith, III (Argued), Smith & Smith, Louisville, KY, for Respondent/Cross-Petitioner.

Before BAUER, POSNER, and ROVNER, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

Midwestern Personnel Services refused to reinstate 26 striking employees after the union that a majority of its employees had selected as their bargaining representative made an unconditional offer to return to work. Midwestern refused to reinstate the strikers because, in its view, the strike was staged solely for economic reasons, which if true would permit it to permanently replace...

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