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UNITED ELEC., RADIO AND MACH. WORKERS v. N.L.R.B.

No. 08-2724.

580 F.3d 560 (2009)

UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA (UE), Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Aluminum Casting & Engineering Company, Incorporated, Intervening Respondent.

United States Court of Appeals, Seventh Circuit.

Decided September 2, 2009.

Rehearing and Rehearing En Banc Denied October 1, 2009.

Attorney(s) appearing for the Case

Polly J. Halfkenny (argued), Joseph Cohen, United Electrical, Radio and Machine Workers of America, Pittsburgh, PA, for Petitioner.

Irving E. Gottschalk, National Labor Relations Board, Milwaukee, WI, Linda J. Dreeben, Joan E. Hoyte (argued), National Labor Relations Board Office of the General Counsel, Washington, DC, for Respondent.

Kevin J. Kinney (argued), Krukowski & Costello, Milwaukee, WI, for Intervening Respondent.

Before RIPPLE, MANION and EVANS, Circuit Judges.

RIPPLE, Circuit Judge.

This case has been here once before. In our earlier decision, we enforced an order of the National Labor Relations Board ("the Board"), which had found that Aluminum Casting & Engineering Company, Inc. ("ACE/CO" or "the Company") violated the National Labor Relations Act ("NLRA") when, in 1995, it deviated from its established practice of awarding annual, across-the-board wage increases to all employees because of their attempts to unionize...

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