NATIONAL LABOR RELATIONS BOARD, Plaintiff-Appellant, and
Local Union No. 1385, Western Council of Industrial Workers, Intervenor-Appellant,
v.
PUEBLO OF SAN JUAN, Defendant-Appellee.
National Right to Work Legal Defense Foundation, Amicus Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
January 11, 2002.
January 11, 2002.
Attorney(s) appearing for the Case
Nancy E. Kessler Platt, Supervisory Attorney, (Leonard R. Page, Acting General Counsel, John H. Ferguson, Associate General Counsel, Frederick L. Feinstein, General Counsel, Linda Sher, Associate General Counsel, Margery E. Lieber, Assistant General Counsel, and Eric G. Moskowitz, Deputy Assistant General Counsel, with her on the brief) of the National Labor Relations Board, Washington, D.C., for Plaintiff-Appellant.
Lee Bergen (Wayne H. Bladh, Daniel I.S.J. Rey-Bear, Thomas J. Peckham, with him on the brief) of Nordhaus, Haltom, Taylor, Taradash & Bladh, Albuquerque, NM, for Defendant-Appellee.
Harlan Bernstein of Jolles & Bernstein, PC, Portland, OR, Matthew E. Ortiz of Catron, Catron & Sawtell, PA, Santa Fe, NM, Michael T. Garone of Jolles, Bernstein & Garone, Portland, OR, and Morton S. Simon of Simon, Oppenheimer & Ortiz, Santa Fe, NM, on the briefs for Intervenor-Appellant.
Mickey D. Barnett, Law Offices of Mickey D. Barnett, P.A., Albuquerque, NM, and John C. Scully, Springfield, VA, filed an amicus curiae brief for the National Right to Work Foundation.
Before TACHA, Chief Judge, HOLLOWAY, Senior Circuit Judge, SEYMOUR, Circuit Judge, BRORBY, Senior Circuit Judge, and EBEL, KELLY, HENRY, BRISCOE, LUCERO, and MURPHY, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
ON REHEARING EN BANC
HOLLOWAY, Senior Circuit Judge.
In 1996 the San Juan Pueblo tribal council enacted a right-to-work ordinance and also adopted a lease containing similar right-to-work provisions. These actions were challenged by the instant declaratory judgment and injunction suit brought by the National Labor Relations Board (NLRB or the Board) and Local Union No. 1385 of the Western Council of Industrial Workers (the Union) as an intervenor. After...
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