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N.L.R.B v. INTERNATIONAL BROTH. OF ELEC. WORKERS

Nos. 07-1005, 07-1107, 07-1279.

514 F.3d 646 (2008)

NATIONAL LABOR RELATIONS BOARD, Petitioner/Cross-Respondent, v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, Local 429 (07-1279), and its Agent, Nashville Electrical Joint Apprenticeship Training Committee (07-1107), Respondents (07-1005/1107/1279)/Cross-Petitioners.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 31, 2008.

Attorney(s) appearing for the Case

ARGUED: Daniel A. Blitz, National Labor Relations Board, Washington, D.C., for Petitioner. R. Jan Jennings, Branstetter, Stranch & Jennings, Nashville, Tennessee, Sue. D. Gunter, Sherman, Dunn, Cohen, Leifer & Yellig, Washington, D.C., for Respondent. Gary L. Lieber, Saul Ewing, Washington, D.C., for Amicus Curiae. Sally M. Tedrow, O'Donoghue & O'Donoghue, Washington, D.C., for Amicus Curiae. ON BRIEF: Daniel A. Blitz, Linda Dreeben, Julie. B. Broido, National Labor Relations Board, Washington, D.C., for Petitioner. R. Jan Jennings, Branstetter, Stranch & Jennings, Nashville, Tennessee, Sue D. Gunter, Martin J. Crane, Sherman, Dunn, Cohen, Leifer & Yellig, Washington, D.C., for Respondent. Sally M. Tedrow, O'Donoghue & O'Donoghue, Washington, D.C., Gary L. Lieber, Saul Ewing, Washington, D.C., for Amici Curiae.

Before: MERRITT, COLE, and GRIFFIN, Circuit Judges.

GRIFFIN, J., delivered the opinion of the court, in which COLE, J., joined. MERRITT, J. (p. 651), delivered a separate concurring opinion.

OPINION

GRIFFIN, Circuit Judge.

This matter is before us on the NLRB's petition to enforce its order holding that the International Brotherhood of Electrical Workers, Local 429 ("IBEW" or "Union"), and an apprenticeship committee, retaliated against an apprentice for being delinquent in paying his union dues and...

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