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BUCHANAN v. N. L. R. B.

No. 78-1231.

597 F.2d 388 (1979)

Norman L. BUCHANAN, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Truck Drivers, Helpers, Taxicab Drivers, Garage Employees and Airport Employees Local Union No. 355, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided April 20, 1979.

Attorney(s) appearing for the Case

Theodore L. Chandler, Jr., Richmond, Va. (Samuel W. Hixon, III, Richmond, Va., on brief), for petitioner.

Michael Murchison, N. L. R. B., Washington, D. C. (John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy General Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Janet C. McCaa, N. L. R. B., Washington, D. C., on brief), for respondent.

Luther C. West, Baltimore, Md. (Bernard W. Rubenstein, Carl S. Yaller, Edelman, Levy & Rubenstein, P. A., Baltimore, Md., on brief), for intervenor.

(Christopher G. Gillam, Lawrence D. Levien, Richard N. Appel, Akin, Gump, Hauer & Feld, Washington, D. C., on brief), for amicus curiae Monarch Institutional Foods Co.

Before HALL and PHILLIPS, Circuit Judges, and JACK R. MILLER, Judge, United States Court of Customs and Patent Appeals, sitting by designation.

MILLER, Judge:

This case involves a petition by Norman L. Buchanan ("Buchanan") for review of a decision and order of the National Labor Relations Board ("NLRB") on the question of fair representation by the Intervenor Truck Drivers, Helpers, Taxicab Drivers, Garage Employees and Airport Employees Local Union No. 355 ("Union"). The Administrative Law Judge ("ALJ"), acting on a complaint filed by the General Counsel of the NLRB ("GCNLRB") ruled that the Union had violated...

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