Legal Opinion

National Labor Relations Board v. Foundry Division of Alcon Industries, Inc.

Court of Appeals for the Sixth Circuit

Decided August 9, 2001No. 00-5062PublishedCited by 6 opinions

1Opinion of the Court

OPINION

NATHANIEL R. JONES, Circuit Judge.

This case is before the Court on the application of Petitioner National Labor Relations Board (“Board” or “NLRB”) to enforce a Board order issued against Respondent Foundry Division of Alcon Industries, Inc. (“Company”). The Company has refused to bargain with the Union based on objections to the underlying representation election. This appeal requires us to determine whether, on the facts of this case, the Board properly concluded that the election should not be overturned on the basis of the use of racial epithets. We hold that there was not a…

2Cases cited12 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. National Labor Relations Board v. A. J. Tower Co.Supreme Court of the United States · 1946
  3. Tony Scott Trucking, Inc. v. National Labor Relations BoardCourt of Appeals for the Sixth Circuit · 1987
  4. National Labor Relations Board v. Carroll Contracting and Ready-Mix, Inc.Court of Appeals for the Fifth Circuit · 1981
  5. National Labor Relations Board v. Paul Katz and Sylvia Katz, D/B/A Triplex Manufacturing CompanyCourt of Appeals for the Seventh Circuit · 1983

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3Cited by6 opinions

  1. George McGinest v. Gte Service Corp. Mike BiggsCourt of Appeals for the Ninth Circuit · 2004
  2. Beverly Health and Rehabilitation Services, Inc., Petitioners/cross-Respondents v. National Labor Relations Board, Respondent/cross-PetitionerCourt of Appeals for the Sixth Circuit · 2002
  3. Ashland Facility Operations, LLC v. National Labor Relations BoardCourt of Appeals for the Fourth Circuit · 2012
  4. George McGinest v. Gte Service Corp. Mike BiggsCourt of Appeals for the Ninth Circuit · 2004
  5. Foundry Division of Alcon Industries, Inc. v. National Labor Relations BoardSupreme Court of the United States · 2002

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