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INTERNATIONAL BROTH., LOCAL 21 AFL-CIO v. N.L.R.B.

No. 07-72750.

563 F.3d 418 (2009)

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 21 AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Lucent Technologies Inc., Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed April 20, 2009.

Attorney(s) appearing for the Case

Gilbert A. Cornfield, Cornfield and Feldman, Chicago, IL, for the petitioner.

Robert J. Englehart and Daniel A. Blitz, National Labor Relations Board, Washington, DC, for the respondent.

Michael F. McGahan and Donald Krueger, Epstein Becker & Green, P.C., New York, NY; Joseph D. Miller, Epstein Becker & Green, P.C., San Francisco, CA, for the intervenor.

Before RONALD M. GOULD, JAY S. BYBEE, and TIMOTHY M. TYMKOVICH, Circuit Judges.

OPINION

GOULD, Circuit Judge:

I

Lucent Technologies ("Lucent") purchased AG Communications Systems ("AG") and decided to merge Lucent with AG. International Brotherhood of Electrical Workers, Local 21, AFL-CIO ("Local 21"), which represented the AG telephone equipment installers before the merger, filed charges with the National Labor Relations Board ("the Board") against Lucent for failure to bargain...

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