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N.L.R.B. v. MEMC ELECTRONIC MATERIALS, INC.

No. 03-2471, 03-2764.

363 F.3d 705 (2004)

NATIONAL LABOR RELATIONS BOARD, Petitioner/Cross Respondent, v. MEMC ELECTRONIC MATERIALS, INC., Respondent/Cross Petitioner.

United States Court of Appeals, Eighth Circuit.

Filed: April 9, 2004.

Attorney(s) appearing for the Case

Arthur F. Rosenfeld, argued, Washington, D.C. (Robert J. Englehart, John R. McIntyre, John E. Higgins, Jr., John H. Ferguson, and Aileen A. Armstrong, on the brief), for petitioner/cross-respondent.

Timothy J. Sarsfield, argued, St. Louis, Missouri (Richard E. Jaudes and Stephen D. Smith, on the brief), for respondent/cross-appellee.

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

LOKEN, Chief Judge.

The International Association of Machinists and Aerospace Workers (the IAM) petitioned the National Labor Relations Board to represent the maintenance workers employed by MEMC Electronic Materials, Inc. (MEMC), at its silicon wafer manufacturing plant in St. Peter's, Missouri. MEMC and the IAM then entered into a Stipulated Election Agreement (the Agreement) defining the collective-bargaining unit as consisting of MEMC's maintenance employees and...

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