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United States DC Circuit


INT'L UNION OF OPERATING ENG'RS v. NLRB, 02-1300

In an action alleging violation of section 8(a)(1) and (3) of the National Labor Relations Act, a union failed to failed to make out a prima facie case that the challenged acts were motivated by anti-union animus, thus petition for review is denied.

Appellate Information

  • Argued 10/17/2003
  • Decided 12/02/2003
  • Published 12/02/2003

Judges

  • Before:  HENDERSON, TATEL and ROBERTS, Circuit Judges.

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • Helen L. Morgan argued the cause for the petitioner.  Richard F. Griffin was on brief., Harold R. Weinrich and Jonathan J. Spitz were on brief for the intervenor.

  • For Appellees:
  • William M. Bernstein, Attorney, National Labor Relations Board, argued the cause for the respondent.  Arthur F. Rosenfeld, General Counsel, John H. Ferguson, Associate General Counsel, and Aileen A. Armstrong, Deputy Associate General Counsel, National Labor Relations Board, were on brief.
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