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TRUMP PLAZA ASSOCIATES v. N.L.R.B.

Nos. 10-1412, 11-1028.

679 F.3d 822 (2012)

TRUMP PLAZA ASSOCIATES, doing business as Trump Plaza Hotel and Casino, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent. International Union, United Automobile, Aerospace & Agricultural Implement Workers of America, AFL-CIO, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 11, 2012.

Attorney(s) appearing for the Case

Theodore M. Eisenberg argued the cause for the petitioner. Brian A. Caufield was on brief.

Jeffrey Burritt , Attorney, National Labor Relations Board, argued the cause for the respondent. John H. Ferguson , Associate General Counsel, Linda Dreeben , Deputy Associate General Counsel, Julie B. Broido , Supervisory Attorney, and Renée D. McKinney , Attorney, were on brief. Kira D. Vol , Attorney, entered an appearance.

Cassie Ehrenberg and Blair Katherine Simmons were on brief for intervenor International Union, United Automobile, Aerospace & Agricultural Implement Workers of America, AFL-CIO in support of the respondent.

Opinion for the Court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Petitioner Trump Plaza Hotel and Casino (Trump Plaza) seeks review of an order of the National Labor Relations Board (Board, NLRB), in which order the Board concluded that Trump Plaza violated section 8(a)(5) and (1) of the National Labor Relations Act (NLRA), 29 U.S.C. § 158(a)(1), (5), by refusing to bargain with the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, AFL-CIO...

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