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RUAN TRANSPORT CORP. v. N.L.R.B.

Nos. 11-1883, 11-2058.

674 F.3d 672 (2012)

RUAN TRANSPORT CORPORATION, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner.

United States Court of Appeals, Seventh Circuit.

Decided March 19, 2012.

Attorney(s) appearing for the Case

Frederick L. Schwartz (argued), Attorney, Littler Mendelson, Chicago, IL, for Petitioner/Cross-Respondent.

Usha Dheenan , Linda Dreeben , Attorneys, National Labor Relations Board, Office of the General Counsel, Nicole Lancia (argued), Attorney, National Labor Relations Board, Appellate Court Branch, Washington, DC, Peter S. Ohr , National Labor Relations Board, Region 13, Chicago, IL, for Respondent/Cross-Petitioner.

Before FLAUM and MANION, Circuit Judges, and MAGNUS-STINSON, District Judge.

MANION, Circuit Judge.

Following a vote by the employees of a truck transportation company named Ruan Transport, the National Labor Relations Board certified a local union to be the representative for Ruan's employees. Ruan now petitions this court to reverse the Board's decision, while the Board cross-petitions us to enforce its decision. The dispute turns on whether a ballot with irregular markings—the deciding vote in the election—should be counted...

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