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INTERNATIONAL UNION, ENGINEERS, LOCAL 150 v. NLRB

No. 03-3054.

361 F.3d 395 (2004)

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 150, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Terracon, Incorporated, Intervenor-Respondent.

United States Court of Appeals, Seventh Circuit.

Decided March 16, 2004.

Attorney(s) appearing for the Case

Charles R. Kiser (argued), IUOE Local 150 Legal Dept., Countryside, IL, for Petitioner.

Elizabeth Kinney, National Labor Relations Board, Chicago, IL, Julie F. Marcus (argued), National Labor Relations Board Appellate Court, Enforcement, Washington, DC, for Respondent.

Douglas A. Darch (argued), Seyfarth Shaw, Chicago, IL, for Terracon, Inc.

Before FLAUM, Chief Judge, and MANION and DIANE P. WOOD, Circuit Judges.

FLAUM, Chief Judge.

As a result of two meetings with the management of Terracon, Incorporated ("Terracon"), the International Union of Operating Engineers, Local 150, AFL-CIO ("the Union") concluded that it had been voluntarily recognized as the bargaining representative for Terracon's drillers and drill helpers. However, the National Labor Relations Board ("NLRB") disagreed and held that Terracon never voluntarily recognized the Union. The NLRB therefore dismissed...

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