DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

102934P.pdf   04/22/2011  NLRB  v.  Whitesell Corporation
   U.S. Court of Appeals Case No:  10-2934
   National Labor Relations Board   
   [PUBLISHED] [Shepherd, Author, with Smith and Arnold, Circuit Judges]
   Petition for Review - National Labor Relations Act. Prior opinion
   denying NLRB's application for enforcement following Supreme Court's
   decision in New Process does not preclude the NLRB from reconsidering
   this action. On the merits, substantial evidence supports the NLRB's
   finding the Whitesell failed to negotiate to a valid impasse. Board's
   finding that Whitesell failed to provide notice to FMCS and requiring
   Whitesell to reimburse union for uncollected dues until after Whitesell
   provided proper notice is supported by substantial evidence. Finding that
   Whitesell failed to bargain in good faith in violation of sections 8(a)(1)
   and (a)(5) by not providing union with information about changes to its
   proposed vacation plan is supported by substantial evidence.