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KING ELEC., INC. v. N.L.R.B.

Nos. 04-1440, 05-1012.

440 F.3d 471 (2006)

KING ELECTRIC, INCORPORATED, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent International Brotherhood of Electrical Workers, Local 8, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 7, 2006.

Attorney(s) appearing for the Case

Maurice Baskin argued the cause for petitioner. With him on the briefs were Alan G. Ross and Lesley A. Pate.

Philip A. Hostak, Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Arthur F. Rosenfeld, Acting General Counsel at the time the brief was filed, Margery E. Lieber, Acting Associate General Counsel at the time the brief was filed, Aileen A. Armstrong, Deputy Associate General Counsel, and Robert J. Englehart, Supervisory Attorney. Steven B. Goldstein, Attorney, entered an appearance.

Basil W. Mangano was on the brief for intervenor. Joseph M. D'Angelo entered an appearance.

Before: HENDERSON and TATEL, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge SILBERMAN.

SILBERMAN, Senior Circuit Judge.

King Electric, Inc., an electrical contractor in Toledo, Ohio, seeks review of an NLRB order to bargain with the International Brotherhood of Electrical Workers, Local Union Number 8. King challenges the union's certification based on the union's conduct prior to and on the day of an election. We grant King's petition.

I

The union filed an election...

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