United States Fourth Circuit

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Ashland Facility Operations v. Nat'l Labor Relations Bd., 11-2004

Plaintiff's petition for review of a National Labor Relations Board order that it cease and desist from refusing to bargain with a union is denied where: 1) there is ample factual basis to support the Board's finding that the Virginia NAACP was not the union's agent; 2) the district court properly concluded that remarks by the executive director of the Virginia State Conference NAACP, made months before the election, did not taint the results; and 3) petitioner's claim that it was denied due process because the ALJ improperly limited the temporal scope of petitioner's subpoena to Virginia NAACP and failed to enforce the subpoena sua sponte before certifying the election is without merit.

Appellate Information

  • Decided 12/14/2012
  • Published 12/14/2012

Judges

  • Wynn

Court

  • United States Fourth Circuit

Counsel

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