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CENTER CONST. CO., INC. v. N.L.R.B

Nos. 05-2259, 05-2425, 05-2326.

482 F.3d 425 (2007)

CENTER CONSTRUCTION CO., INC., d/b/a Center Service System Division, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Local 370, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL-CIO, Intervenor. Center Construction Co., Inc., d/b/a Center Service System Division, Petitioner/Cross-Respondent, v. National Labor Relations Board, Respondent/Cross-Petitioner. Local 370, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL-CIO, Petitioner, v. National Labor Relations Board, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 3, 2007.

Attorney(s) appearing for the Case

ARGUED: Hiram S. Grossman, Daniel & Grossman, Flint, Michigan, Tinamarie Pappas, Ann Arbor, Michigan, for Petitioner. Jeffrey Barham, National Labor Relations Board, Washington, D.C., for Respondent. ON BRIEF: Hiram S. Grossman, Daniel & Grossman, Flint, Michigan, Tinamarie Pappas, Ann Arbor, Michigan, for Petitioner. Jeffrey Barham, Aileen A. Armstrong, David Habenstreit, National Labor Relations Board, Washington, D.C., for Respondent.

Before MOORE, ROGERS, and GIBSON, Circuit Judges.

GIBSON, J., delivered the opinion of the court, in which MOORE, J., joined. ROGERS, J. (pp. 440-42), delivered a separate opinion concurring in part and dissenting in part.

OPINION

JOHN R. GIBSON, Circuit Judge.

Center Construction Co. petitions for review of the National Labor Relations Board's order finding Center committed numerous unfair labor practices to combat the organization of Center's two-man plumbing staff by Local 370 of the United Association...

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