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GESTAMP SOUTH CAROLINA, L.L.C. v. N.L.R.B.

Nos. 11-2362, 12-1041.

769 F.3d 254 (2014)

GESTAMP SOUTH CAROLINA, L.L.C., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. National Labor Relations Board, Petitioner, v. Gestamp South Carolina, L.L.C., Respondent.

United States Court of Appeals, Fourth Circuit.

Decided on Remand October 8, 2014.

Attorney(s) appearing for the Case

John J. Coleman, III , Marcel L. Debruge , Burr & Forman LLP, Birmingham, Alabama, for Gestamp South Carolina, L.L.C. Stuart F. Delery , Assistant Attorney General, Beth S. Brinkmann , Deputy Assistant Attorney General, Douglas N. Letter , Scott R. McIntosh , Melissa N. Patterson , Benjamin M. Shultz , Dara S. Smith , Attorneys, Appellate Staff, United States Department of Justice, Washington, D.C.; Richard F. Griffin, Jr. , General Counsel, Jennifer Abruzzo , Deputy General Counsel, John H. Ferguson , Associate General Counsel, Linda Dreeben , Deputy Associate General Counsel, Usha Dheenan , Supervisory Attorney, National Labor Relations Board, Washington, D.C., for the Board.

Petition for review granted in part and denied in part; cross-application for enforcement granted in part and denied in part by published opinion. Chief Judge TRAXLER wrote the opinion, in which Judge KEENAN and Judge HARWELL joined.

TRAXLER, Chief Judge:

Gestamp South Carolina, LLC, petitioned for review of an order of the National Labor Relations Board ("the NLRB" or "the Board") affirming the decision of an administrative law judge ("ALJ") finding that Gestamp discharged employees David Anthony Kingsmore and Reggie Alexander in violation of the National Labor Relations Act ("the NLRA") and that Gestamp was liable for another violation of the NLRA as well. The Board cross-applied for enforcement...

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