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RYAN HEATING CO., INC. v. N.L.R.B.

No. 90-1372.

942 F.2d 1287 (1991)

RYAN HEATING COMPANY, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Locals Union 2, International Union of Operating Engineers, AFL-CIO, Intervenors-Respondents.

United States Court of Appeals, Eighth Circuit.

Decided August 26, 1991.

Attorney(s) appearing for the Case

Ira M. Potter, St. Louis, Mo., for petitioner.

Laurence S. Zakson, argued (Linda Dreeben, Jerry M. Hunter, Robert E. Allen and Aileen A. Armstrong, on brief), Washington, D.C., for respondent.

Walter Kamiat, Washington, D.C., argued (Laurence Gold and Michael Fanning, Washington, D.C., and Barry J. Levine, St. Louis, Mo., on brief), for intervenor-respondent.

Before LAY, Chief Judge, FAGG, Circuit Judge, and WRIGHT, District Judge.

FAGG, Circuit Judge.

Ryan Heating Company (Ryan) appeals from an adverse decision and order of the National Labor Relations Board (the Board). The Board cross-petitions for enforcement of its decision and order. Although we affirm the underlying basis of the Board's decision, we deny enforcement of the Board's order in this case.

In May 1988 Locals Union No. 2, International Union of Operating Engineers (the union...

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