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HENDRICKSON USA, LLC. v. N.L.R.B.

Nos. 18-1144/1315.

932 F.3d 465 (2019)

HENDRICKSON USA, LLC., Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 1, 2019.

Attorney(s) appearing for the Case

ARGUED: Keith L. Pryatel , KASTNER WESTMAN & WILKINS, LLC, Akron, Ohio, for Petitioner/Cross-Respondent. Samuel Cretcher , NATIONAL LABOR RELATIONS BOARD, Washington, D.C., for Respondent/Cross-Petitioner. ON BRIEF: Keith L. Pryatel , KASTNER WESTMAN & WILKINS, LLC, Akron, Ohio, for Petitioner/Cross-Respondent. Samuel Cretcher , Linda Dreeben , Kira Dellinger Vol , NATIONAL LABOR RELATIONS BOARD, Washington, D.C., for Respondent/Cross-Petitioner.

McKEAGUE, J., delivered the opinion of the court in which COOK, J., joined. WHITE, J. (pp. 477-80), delivered a separate dissenting opinion.

OPINION

When Hendrickson USA, LLC learned that employees were attempting to unionize one of its manufacturing plants, it began advocating against unionization. A plant-wide letter cautioned employees that contract negotiations would begin "from scratch," and a PowerPoint shown to employees stated that "relationships...

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