Legal Opinion

National Labor Relations Board, Teamsters Local Union No. 20, Intervenor v. Seawin, Inc.

Court of Appeals for the Sixth Circuit

Decided April 26, 2001No. 99-6624PublishedCited by 6 opinions

1Opinion of the CourtJones, J., joined by Nugent, D.J.,

COLE, J., delivered a separate dissenting opinion.

OPINION

NATHANIEL R. JONES, Circuit Judge.

Petitioner, the National Labor Relations Board (“NLRB” or “the Board”) seeks enforcement of its decision and order finding that Respondent, Seawin, Inc. (“Seaw-in”) violated 29 U.S.C. § 158(a)(1) and (a)(5) by refusing to bargain with a certified union. Seawin challenges the certification of the union on the ground that votes were improperly cast by eleven laid-off workers who had no reasonable expectancy of recall at the time of the representation election. For the reasons provided below, we find that…

2Cases cited6 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. National Labor Relations Board v. Pentre Electric, Inc.Court of Appeals for the Sixth Circuit · 1993
  3. R.P. Carbone Construction Company v. The Occupational Safety & Health Review Commission Alexis M. Herman, United States Secretary of LaborCourt of Appeals for the Sixth Circuit · 1999
  4. Dtr Industries, Inc., Petitioner/cross-Respondent v. National Labor Relations Board, Respondent/cross-PetitionerCourt of Appeals for the Sixth Circuit · 1994
  5. National Labor Relations Board v. Ideal MacAroni CompanyCourt of Appeals for the Sixth Circuit · 1993

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3Cited by6 opinions

  1. David Bledsoe v. Emery Worldwide AirlinesCourt of Appeals for the Sixth Circuit · 2011
  2. National Labor Relations Board v. Foundry Division of Alcon Industries, Inc.Court of Appeals for the Sixth Circuit · 2001
  3. Heritage Broadcasting Company of Michigan, Petitioner/cross-Respondent v. National Labor Relations Board, Respondent/cross-PetitionerCourt of Appeals for the Sixth Circuit · 2002
  4. Awrey Bakeries, Inc. v. National Labor Relations BoardCourt of Appeals for the Sixth Circuit · 2003
  5. National Labor Relations Board v. Shamy Heating & Air Conditioning, Inc.Court of Appeals for the Sixth Circuit · 2002

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