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TITANIUM METALS CORP. v. N.L.R.B.

Nos. 03-1345 and 03-1410.

392 F.3d 439 (2004)

TITANIUM METALS CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided November 30, 2004.

Rehearing Denied February 11, 2005.

Attorney(s) appearing for the Case

George E. Yund argued the cause and filed the briefs for petitioner Titanium Metals Corporation.

Kira D. Vol, Attorney, argued the cause for respondent. With her on the brief were Arthur F. Rosenfeld, General Counsel, John H. Ferguson, Assistant General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Robert J. Englehart, Attorney. David A. Fleischer, Senior Attorney entered an appearance for respondent.

Before: EDWARDS and RANDOLPH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Rehearing En Banc Denied February 11, 2005.

Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

In a decision issued on September 30, 2003, the National Labor Relations Board ("Board" or "NLRB") held that Titanium Metals Corporation ("TIMET") violated § 8(a)(1) of the National Labor Relations Act ("NLRA" or "ACT"), 29 U.S.C. § 158(a)(1) (2000), when the company first issued a warning, then suspended, and...

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