Kirkwood Fabricators, Inc. v. National Labor Relations Board

DOTY, District Judge.

This case arises from the request of petitioner Kirkwood Fabricator’s, Inc. (“Kirk-wood”) for review of a National Labor Relations Board order. By cross application, the Board seeks enforcement of its order. Two questions are presented for review. The first is whether the failure of an employer to bargain with its employee's union representative over the effects of its decision to sell its entire business constitutes an unfair labor practice under §§ 8(a)(5) and 8(d) of the National Labor Relations Act (“Act”), as amended 49 Stat. 452, 29 U.S.C. §§ 158(a)(5) and 158(d)…