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N.L.R.B. v. KSM INDUSTRIES, INC.

No. 10-3300.

682 F.3d 537 (2012)

NATIONAL LABOR RELATIONS BOARD, Petitioner, and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers International Union, Intervening-Petitioner, v. KSM INDUSTRIES, INC., Respondent.

United States Court of Appeals, Seventh Circuit.

Decided May 22, 2012.

Attorney(s) appearing for the Case

Linda Dreeben , Amy H. Ginn (argued), Attorneys, National Labor Relations Board Office of the General Counsel, Washington, DC, Irving E. Gottschalk , Attorney, National Labor Relations Board, Milwaukee, WI, for Petitioner.

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

Marianne G. Robbins (argued), Attorney, Previant, Goldberg, Uelmen, Gratz, Miller & Brueggeman, Milwaukee, WI, Joseph P. Stuligross , Attorney, United Steelworkers of America Legal Department, Pittsburgh, PA, for Intervening-Petitioner.

Before ROVNER, WOOD, and WILLIAMS, Circuit Judges.

WOOD, Circuit Judge.

The present case arose against the backdrop of an order from the National Labor Relations Board finding that KSM Industries violated sections 8(a)(3) and (1) of the National Labor Relations Act, 29 U.S.C. § 158(a)(3) and (1), when it denied or delayed the recall of certain employees after their participation in an unfair labor practices strike. See KSM Indus., Inc., 336 N.L.R.B. 133 (2001), motion for reconsideration granted in...

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