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N.L.R.B. v. GALICKS, INC.

Nos. 10-2028, 10-2121.

671 F.3d 602 (2012)

NATIONAL LABOR RELATIONS BOARD, Petitioner/Cross-Respondent, Sheet Metal Workers International Association, Local Union No. 133, Intervenor, v. GALICKS, INC., Respondent/Cross-Petitioner.

United States Court of Appeals, Sixth Circuit.

March 2, 2012.

Attorney(s) appearing for the Case

ON BRIEF: Julie B. Broido , Linda Dreeben , Amy H. Ginn , National Labor Relations Board, Washington, D.C., for Petitioner. Christopher F. Cariño , Stephen P. Bond , Brouse McDowell, LPA, Akron, Ohio, for Respondent. Joseph M. D'Angelo , Cosme, D'Angelo & Szollosi, Toledo, Ohio, for Intervenor.

Before: GRIFFIN and KETHLEDGE, Circuit Judges; THAPAR, District Judge.

OPINION

AMUL R. THAPAR, District Judge.

The National Labor Relations Board found that Galicks, Inc. failed to recall its laid-off employees because of anti-union animus, unlawfully withdrew recognition from the union, and twice refused to provide requested information to the union in the bargaining process. We must determine whether the circumstantial evidence in the record can shoulder the weight of the Board's inferences. Circumstantial evidence, of course...

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