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N.L.R.B. v. HQM OF BAYSIDE, LLC

No. 06-2253.

518 F.3d 256 (2008)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. HQM OF BAYSIDE, LLC, Respondent. United Food & Commercial Workers Union, Local 400, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided: March 10, 2008.

Attorney(s) appearing for the Case

ARGUED: D. Patton Pelfrey, Frost, Brown, Todd, Louisville, Kentucky, for Respondent. Elizabeth A. Heaney, National Labor Relations Board, Washington, D.C., for Petitioner. Carey Robert Butsavage, Butsavage & Associates, P.C., Washington, D.C., for Intervenor. ON BRIEF: John T. Lovett, Frost, Brown, Todd, Louisville, Kentucky, for Respondent. Ronald Meisburg, General, John E. Higgins, Jr., Deputy General, John H. Ferguson, Associate General, Aileen A. Armstrong, Deputy Associate General, Fred B. Jacob, Supervisory Attorney, National Labor Relations Board, Washington, D.C., for Petitioner.

Before WILLIAMS, Chief Judge, MOTZ, Circuit Judge, and HAMILTON, Senior Circuit Judge.

Application for enforcement granted by published opinion. Chief Judge WILLIAMS wrote the opinion, in which Judge MOTZ and Senior Judge HAMILTON joined.

OPINION

WILLIAMS, Chief Judge:

After finding that HQM of Bayside ("Bayside") unlawfully withdrew recognition from a union, the National Labor Relations Board (the "Board") petitioned this court to enforce its order against Bayside. The Board maintains that because the union had not lost majority support...

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