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

Nos. 11-1280, 11-1322.

700 F.3d 551 (2012)

KLB INDUSTRIES, INC., doing business as National Extrusion and Manufacturing Co., Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 4, 2012.

Attorney(s) appearing for the Case

Kerry P. Hastings argued the cause and filed the briefs for petitioner.

David Seid , Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were John H. Ferguson , Associate General Counsel, Linda Dreeben , Deputy Associate General Counsel, and Ruth E. Burdick , Supervisory Attorney.

James B. Coppess argued the cause for intervenor. With him on the brief were Michael Nicholson and William J. Karges.   Blair K. Simmons entered an appearance.

Dissenting opinion filed by Circuit Judge HENDERSON.

TATEL, Circuit Judge:

Once again, we confront the issue of how much information a company must provide to a union during collective bargaining. Here, the company sought substantial wage concessions on the basis of competitive pressures it claimed to be facing. Seeking to verify this contention, the union requested information about the company's prices and customers. The company denied the union's request and then locked out the bargaining unit employees. Relying...

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