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TENNECO AUTOMOTIVE, INC. v. N.L.R.B.

Nos. 11-1314, 11-1353.

716 F.3d 640 (2013)

TENNECO AUTOMOTIVE, INC., Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent. Local 660, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 28, 2013.

Attorney(s) appearing for the Case

Gregory J. Utken argued the cause for petitioner. With him on the briefs was Brian R. Garrison .

Glenn M. Taubman was on the brief for amicus curiae Lonnie Tremain in support of petitioner.

Greg P. Lauro , 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, Jill A. Grifin , Supervisory Attorney, and Jeffrey Burritt , Attorney.

Stephen A. Yokich argued the cause and filed the brief for intervenor. Barbara J. Hillman entered an appearance.

Opinion for the Court filed by Senior Circuit Judge EDWARDS.

EDWARDS, Senior Circuit Judge:

This case arises from a protracted labor dispute between Tenneco Automotive, Inc. ("Tenneco" or "Company") and Local 660, International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America, UAW ("Union"). Tenneco designs, manufactures, and sells automotive products. From 1945 until December 4, 2006, Tenneco recognized the Union as the exclusive bargaining agent...

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