Ronnie ADCOCK; Timothy Cochrane; Thomas Cochrane; Katherine Ivey; Kristi Jones, Plaintiffs-Appellants,
v.
FREIGHTLINER LLC; International Union, United Automobile and Agricultural Implement Workers of America, Defendants-Appellees.
National Labor Relations Board, Amicus Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued October 28, 2008.
Decided December 23, 2008.
Attorney(s) appearing for the Case
ARGUED: William L. Messenger, National Right to Work Legal Foundation, Springfield, Virginia, for Appellants. William Lawrence Rikard, Jr., Parker, Poe, Adams & Bernstein, L.L.P., Charlotte, North Carolina; Stephen P. Berzon, Altshuler & Berzon, San Francisco, California, for Appellees. ON BRIEF: Philip M. Van Hoy, Stephen Dunn, Van Hoy, Reutlinger, Adams & Dunn, Charlotte, North Carolina, for Appellants. Eric D. Welsh, Kristin R. Poolos, Parker, Poe, Adams & Bernstein, L.L.P., Charlotte, North Carolina, for Appellee Freightliner LLC. Danielle Leonard, Altshuler & Berzon, San Francisco, California; George N. Davies, Nakamura, Quinn & Walls, Birmingham, Alabama; Daniel W. Sherrick, General Counsel, Jeffrey D. Sodko, Associate General Counsel, International Union, UAW, Detroit, Michigan; Seth Cohen, Smith, James, Rowlett & Cohen, L.L.P., Greensboro, North Carolina, for Appellee International Union, United Automobile and Agricultural Implement Workers of America. Ronald Meisburg, General Counsel, John E. Higgins, Jr., Deputy General Counsel, John H. Ferguson, Associate General Counsel, Margery E. Lieber, Deputy Associate General Counsel, Eric G. Moskowitz, Assistant General Counsel, Laura Bandini, Senior Attorney, National Labor Relations Board, Washington, D.C., for Amicus Curiae.
Affirmed by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge TRAXLER and Judge KING joined.
United States Court of Appeals, Fourth Circuit.
OPINION
HAMILTON, Senior Circuit Judge:
With certain exceptions not applicable in this case, § 302 of the Labor Management Relations Act (LMRA) prohibits, among other things, an employer from "pay[ing], lend[ing], or deliver[ing] . . . any money or other thing of value" to a labor union or labor union representative. 29 U.S.C. § 186(a). The issue presented in this appeal is whether Freightliner LLC (Freightliner) delivered "money or other thing...
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