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SPURLINO MATERIALS, LLC v. N.L.R.B.

Nos. 12-1034, 12-1123.

805 F.3d 1131 (2015)

SPURLINO MATERIALS, LLC and Spurlino Materials of Indianapolis, LLC, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent, Coal, Ice, Building Material, Supply Drivers, Riggers, Heavy Haulers, Warehousemen and Helpers, Local Union No. 716, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 13, 2015.

Attorney(s) appearing for the Case

A. Jack Finklea argued the cause for petitioner. With him on the briefs was James H. Hanson . Timothy W. Wiseman entered an appearance.

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, and Julie B. Broido , Supervisory Attorney.

Neil E. Gath was on the brief for intervenor Coal, Ice, Building Material, Supply Drivers, Riggers, Heavy Haulers, Warehousemen and Helpers, Local Union No. 716 in support of respondent. William R. Groth entered an appearance.

Opinion for the Court filed by Chief Judge GARLAND.

The petitioner's employees conducted a strike that they said was intended to protest the company's unlawful termination of and failure to reinstate a prominent union supporter. At the same time, they honored a clause in an agreement they had with the company not to strike—for any reason—on one particular construction...

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