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DODGE OF NAPERVILLE, INC. v. N.L.R.B.

Nos. 12-1032, 12-1122.

796 F.3d 31 (2015)

DODGE OF NAPERVILLE, INC. and Burke Automotive Group, Inc., Doing Business As Naperville Jeep/Dodge, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided August 4, 2015.

Attorney(s) appearing for the Case

James F. Hendricks Jr. argued the cause for petitioner. With him on the briefs was Gary L. Lieber.

Douglas Callahan , Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Stuart F. Delery , Acting Assistant Attorney General at the time the brief was filed, U.S. Department of Justice, Beth S. Brinkmann , Deputy Assistant Attorney General, Scott R. McIntosh , Sarang V. Damle , and Melissa Patterson , Attorneys, John H. Ferguson , Associate General Counsel, National Labor Relations Board, Linda Dreeben , Deputy Associate General Counsel, and Usha Dheenan , Supervisory Attorney.

Opinion for the Court filed by Circuit Judge WILKINS.

The owner of a small car dealership closed the dealership down and informed the six mechanics there — all of whom were union members — that they were expected to continue working at the owner's larger, non-unionized dealership for reduced wages and inferior benefits. After delivering this news, the owner refused...

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