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

No. 12-1129, 12-1174.

699 F.3d 50 (2012)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SOLUTIA, INC., Respondent. United Food and Commercial Workers International Union, Local 414C/International Chemical Workers Union Council, Intervenor. United Food and Commercial Workers International Union, Local 414C/International Chemical Workers Union Council, Petitioner, v. National Labor Relations Board, Respondent. Solutia, Inc., Intervenor.

United States Court of Appeals, First Circuit.

Decided November 2, 2012.

Attorney(s) appearing for the Case

Zachary R. Henige , with whom Robert J. Englehart , Supervisor Attorney, Lafe E. Solomon , Acting General Counsel, Celeste J. Mattina , Deputy General Counsel, John H. Ferguson , Associate General Counsel, and Linda Dreeben , Deputy Associate General Counsel, were on brief, for the National Labor Relations Board.

Hugh F. Murray, III , with whom Murtha Cullina, LLP was on brief, for Solutia, Inc.

Randall Vehar , with whom Robert W. Lowrey , David Rome , and Pyle Rome Ehrenberg, P.C. were on brief, for United Food & Commercial Workers International Union, Local 414C.

Before LYNCH, Chief Judge, BOUDIN, Circuit Judge, and McCONNELL, District Judge.

LYNCH, Chief Judge.

This labor case comes from the intersection of an employer's desire to become more competitive by reducing costs and achieving greater efficiencies by consolidating two lab operations into one, and its obligations under national labor law to bargain with the union representing the affected employees.

The National Labor Relations Board petitions for enforcement of its 2011 order finding that Solutia, Inc. had violated sections 8(a)(1) and...

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