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U.S. MOSAIC TILE CO., INC. v. N.L.R.B.

Nos. 90-8617, 90-8757.

935 F.2d 1249 (1991)

U.S. MOSAIC TILE CO., INC., Williams Tile & Terrazzo Co., Inc., Petitioners, Cross-Respondents, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. TILE, TERRAZZO & MARBLE CONTRACTOR ASSOCIATION OF ATLANTA & VICINITY and Williams Tile Company, Respondents.

United States Court of Appeals, Eleventh Circuit.

July 17, 1991.

Attorney(s) appearing for the Case

George K. McPherson, Jr. and Robert N. Godfrey, Smith, Currie & Hancock, Atlanta, Ga., for appellant.

McNeill Stokes, Frankel, Hardwick, Tanenbaum & Fink, P.C., Atlanta, Ga., for Williams Tile & Terrazo Co.

Frank B. Shuster, Blackburn, Shuster, King & King, Atlanta, Ga., for Tile, et al.

Aileen A. Armstrong and William M. Bernstein, Washington, D.C., for N.L.R.B.

Before KRAVITCH and CLARK, Circuit Judges, and GODBOLD, Senior Circuit Judge.

KRAVITCH, Circuit Judge:

This case arrives on our bench after the National Labor Relations Board ("Board") determined that certain construction industry employers had violated various fair bargaining provisions of the National Labor Relations Act ("Act"). The employers asked the Board to reconsider its decision, and the Board refused on the ground that the motion to reconsider raised an affirmative defense which properly should have been presented at an earlier stage...

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