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N.L.R.B. v. DOLE FRESH VEGETABLES, INC.

No. 01-1978.

334 F.3d 478 (2003)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. DOLE FRESH VEGETABLES, INC., Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed May 28, 2003.

Attorney(s) appearing for the Case

David Seid (argued and briefed), Sharon I. Block (briefed), Aileen A. Armstrong (argued and briefed), National Labor Relations Board, OFfice of the General Counsel, Washington, DC, for Petitioner.

Theodore R. Scott (argued and briefed), Michelle A. Herrera (briefed), Luce, Forward, Hamilton & Scripps, San Diego, CA, for Respondent.

Before SUHRHEINRICH and COLE, Circuit Judges; CARR, District Judge.

OPINION

COLE, Circuit Judge.

The National Labor Relations Board ("NLRB" or the "Board") petitions this Court for enforcement of its order issued against Dole Fresh Vegetables, Inc. ("Dole" or the "Company"). The Board found that Dole violated Sections 8(a)(5) and (1) of the National Labor Relations Act (the "Act"), 29 U.S.C. §§ 158(a)(1) and (3) (1998), by refusing to bargain with the duly elected labor union as the certified representative of...

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