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033855P.pdf   12/07/2004  NLRB  v.  LA-Z-BOY MIDWEST
   U.S. Court of Appeals Case No:  03-3855
   Agency   
   Petition for Enforcement - NLRB. NLRB's petition for enforcement of 
   order finding unfair labor practices against La-Z-Boy for disciplining two 
   employees during a union organizing drive is enforced against one 
   employee and vacated as to the other employee. Substantial evidence 
   supports that employee Phillips was disciplined in the form of a verbal 
   warning and the warning was issued based on the company's belief that 
   the employee had committed misconduct in the course of protected 
   activity. Evidence did not support Board's conclusion that company's 
   decision to assess attendance points against other employee was 
   motivated by anti-union animus. 
   [PUBLISHED] [Colloton, Author, with Heaney and Hansen, Circuit 
   Judges]