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DAYTON NEWSPAPERS, INC. v. N.L.R.B.

Nos. 03-1981, 03-2110.

402 F.3d 651 (2005)

DAYTON NEWSPAPERS, INC., d/b/a Cox Publishing of Ohio, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner, General Truck Drivers, Chauffeurs, Warehousemen and Helpers Local Union No. 957, Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 23, 2005.

Attorney(s) appearing for the Case

ARGUED: Brett L. Thurman, Dayton, Ohio, for Petitioner. Steven B. Goldstein, National Labor Relations Board, Washington, D.C., for Respondent. John R. Doll, Logothetis, Pence & Doll, Dayton, Ohio, for Intervenor. ON BRIEF: James M. Hill, McNamee & Hill, Beavercreek, Ohio, Leslie H. Wiesenfelder, Dow, Lohnes & Albertson, Washington, D.C., for Petitioner. Steven B. Goldstein, Margaret A. Gaines, National Labor Relations Board, Washington, D.C., for Respondent. John R. Doll, Logothetis, Pence & Doll, Dayton, Ohio, for Intervenor.

Before: BOGGS, Chief Judge; GUY, Circuit Judge; and STEEH, District Judge.

OPINION

BOGGS, Chief Judge.

This is a case of one-upmanship gone wrong. A union called a one-day strike in order to push management into more active bargaining, and the management reacted by locking out the union and laying off some of its members. The lockout dragged on for months, resulting in a finding by the NLRB that the company had committed multiple unfair labor practices including threatening the strikers...

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