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TRIMM ASSOCIATES, INC. v. N.L.R.B.

No. 02-4194, 02-4472.

351 F.3d 99 (2003)

TRIMM ASSOCIATES, INC., Petitioner No. 02-4194 v. NATIONAL LABOR RELATIONS BOARD, Respondent National Labor Relations Board, Petitioner No. 02-4472 v. Trimm Associates, Inc., Respondent.

United States Court of Appeals, Third Circuit.

Filed December 3, 2003.

Attorney(s) appearing for the Case

Brian P. Kirby, [Argued], Gallagher, Schoenfeld, Surkin & Chupein, Media, for Petitioner/Cross Respondent Trimm Associates, Inc.

Aileen A. Armstrong, Julie B. Broido, Kathleen E. Lyon, [Argued], National Labor Relations Board, Washington, for Respondent/Cross Petitioner National Labor Relations Board.

Before SCIRICA, Chief Judge, RENDELL and AMBRO, Circuit Judges.

OPINION OF THE COURT

RENDELL, Circuit Judge.

This case arises out of a union representation election at Trimm Associates, Inc. in September of 2001, in which Trimm's employees voted four votes to three in favor of representation. Trimm contends that the National Labor Relations Board ("Board") should have set aside the election because of improper electioneering just prior to and during the election, in violation of the National Labor Relations Act ("Act...

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