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N.L.R.B. v. B.A. MULLICAN LUMBER AND MFG. CO.

Nos. 07-2028, 07-2063.

535 F.3d 271 (2008)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. B.A. MULLICAN LUMBER AND MANUFACTURING COMPANY, Respondent. B.A. Mullican Lumber and Manufacturing Company, Petitioner, v. National Labor Relations Board, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: July 25, 2008.

Attorney(s) appearing for the Case

ARGUED: Elizabeth Brooks Scherer, Smith & Moore, LLP, Raleigh, North Carolina, for B.A. Mullican Lumber and Manufacturing Company. William M. Bernstein, National Labor Relations Board, Washington, D.C., for the Board. ON BRIEF: George J. Oliver, Smith & Moore, LLP, Raleigh, North Carolina, for B.A. Mullican Lumber and Manufacturing Company. Ronald Meisburg, General Counsel, John E. Higgins, Jr., Deputy General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General Counsel, Jill A. Griffin, Supervisory Attorney, National Labor Relations Board, Washington, D.C., for the Board.

Application for enforcement denied and cross-petition for review granted by published opinion. Judge NIEMEYER wrote the opinion, in which Chief Judge WILLIAMS and District Judge WILLIAMS joined.

OPINION

NIEMEYER, Circuit Judge:

After production employees of B.A. Mullican Lumber and Manufacturing Company ("Mullican Lumber") filed a petition with the National Labor Relations Board ("NLRB" or the "Board") to decertify representation by the United Mine Workers of America (the "Union"), Mullican Lumber received information from the employees that the decertification petition revealed that a majority of the employees no longer supported the Union. Based...

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