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DIPONIO CONST. v. INTERN. UNION OF BRICKLAYERS

No. 11-1034.

687 F.3d 744 (2012)

DIPONIO CONSTRUCTION COMPANY., INC., Plaintiff-Appellant, v. INTERNATIONAL UNION OF BRICKLAYERS AND ALLIED CRAFTWORKERS, LOCAL 9, Defendant-Appellee, National Labor Relations Board, Intervenor-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 24, 2012.

Attorney(s) appearing for the Case

ARGUED: Steven A. Wright , Steven A. Wright, P.C., Shelby Township, Michigan, for Appellant. Joel F. Dillard , National Labor Relations Board, Washington, D.C., for Intervenor-Appellee. ON BRIEF: Steven A. Wright , Sandra L. Wright , Kelly M. Kammer , Steven A. Wright, P.C., Shelby Township, Michigan, for Appellant. Joel F. Dillard , Eric G. Moskowitz , Nancy E. Kessler Platt , National Labor Relations Board, Washington, D.C., John G. Adam , Legghio & Israel, P.C., Royal Oak, Michigan, for Appellees.

Before: SILER, ROGERS, and WHITE, Circuit Judges.

OPINION

SILER, Circuit Judge.

Plaintiff, DiPonio Construction Company, Inc. (DiPonio), appeals the district court's decision to grant defendant, International Union of Bricklayers and Allied Craftworkers, Local 9's (Union), motion to dismiss and motion for sanctions. The underlying dispute in this case is whether DiPonio has any obligation under the National Labor Relations Act (NLRA) to bargain with the Union for a new collective bargaining agreement (CBA...

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