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Willamette Industries, Inc. v. National Labor Relations Board

Petition for review of NLRB's determination that employer engaged in an unfair labor practice when it refused to negotiate with union granted; case remanded to NLRB to fill the gap in its analysis and determine, in the first instance, whether employer's actions during a decertification election constituted a bar to employer's claiming a good-faith doubt about union's majority status based upon union's having lost the election.

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Argued May 4, 2001

On Petition for Review and Cross-Application for Enforcement of an Order of the National Labor Relations Board

The National Labor Relations Board determined that the refusal of Willamette Industries to negotiate with the Graphic Communications Union Local 17-M after the Union lost a decertification election was an unfair labor practice (ULP), in violation of ss 8(a)(1) and (5) of the National Labor Relations Act. Because the Board’s decision is inconsistent with the rule the Board purported to apply, we grant the petition and remand the case to the Board for further consideration.

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