GESKE & SONS, INC. v. N.L.R.B.

Nos. 95-2213, 95-2358.

103 F.3d 1366 (1997)

GESKE & SONS, INC., Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner, and International Union of Operating Engineers, Local 150, AFL-CIO, Intervenor.

United States Court of Appeals, Seventh Circuit.

Decided January 9, 1997.


Attorney(s) appearing for the Case

Michael E. Avakian (argued), The Center on National Labor Policy, Inc., North Springfield, VA, Gerard C. Smetana, (argued), Law Offices of Gerard C. Smetana, Chicago, IL, for Geske & Sons, Incorporated.

Richard A. Cohen (argued), National Labor Relations Board, Contempt Litigation Branch, Washington, DC, Elizabeth Kinney, National Labor Relations Board, Region 13, Chicago, IL, Aileen A. Armstrong, National Labor Relations Board, Appellate Court, Enforcement Litigation, Washington, DC, Stephen S. Shostrom, Judith T. Poltz, National Labor Relations Board, Region 33, Peoria, IL, for National Labor Relations Board in No. 95-2213.

Louis E. Sigman (argued), Dale D. Pierson, Pasquale A. Fioretto, Brian C. Hlavin, Baum, Sigman, Auerbach, Pierson & Neuman, Chicago, IL, for International Union of Operating Engineers, Local 150, AFL-CIO.

Richard A. Cohen (argued), National Labor Relations Board, Contempt Litigation Branch, Washington, DC, Elizabeth Kinney, National Labor Relations Board, Region 13, Chicago, IL, Aileen A. Armstrong, National Labor Relations Board, Appellate Court, Enforcement Litigation, Washington, DC, Glenn A. Zipp, Stephen S. Shostrom, National Labor Relations Board, Region 33, Peoria, IL, for National Labor Relations Board in No. 95-2358.

Before BAUER, RIPPLE and MANION, Circuit Judges.


RIPPLE, Circuit Judge.

This dispute between Geske and Sons, Inc. ("Geske" or "the Company") and Local 150 of the International Union of Operating Engineers, AFL-CIO ("Local 150" or "the Union") has spawned litigation before the Illinois state courts, the National Labor Relations Board and the federal district court. In this case and a companion case, Zipp v. Geske & Sons, Inc., 103 F.3d 1379 (7th Cir. 1997), issued at the...

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