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N.L.R.B. v. D.A. NOLT, INC.

Nos. 04-2321, 04-2681.

406 F.3d 200 (2005)

NATIONAL LABOR RELATIONS BOARD Petitioner/Cross-Respondent v. D.A. NOLT, INC. Respondent/Cross-Petitioner

United States Court of Appeals, Third Circuit.

Filed: May 4, 2005.

Attorney(s) appearing for the Case

David Habenstreit (Argued), Kira D. Vol, Aileen A. Armstrong, National Labor Relations Board, Washington, D.C., for Petitioner/Cross-Respondent.

Thomas C. Zipfel (Argued), Cohen, Seglias, Pallas, Greenhall & Furman, P.C., Philadelphia, PA, for Respondent/Cross-Petitioner.

Before: SLOVITER, AMBRO and ALDISERT, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

We must evaluate an Application for Enforcement by the National Labor Relations Board ("the Board") and a Cross-Petition for Review by D.A. Nolt, Inc. ("D.A. Nolt"). In a split decision, the Board held that D.A. Nolt was bound to a successor agreement negotiated by the Roofing Contractors' Association (the "RCA") and United Union of Roofers, Waterproofers and Allied...

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