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S & W MOTOR LINES, INC. v. N. L. R. B.

No. 79-1147.

621 F.2d 598 (1980)

S & W MOTOR LINES, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Teamsters Local Union No. 391, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided May 1, 1980.

Attorney(s) appearing for the Case

John O. Pollard, Charlotte, N. C. (Blakeney, Alexander & Machen, Charlotte, N. C., on brief), for petitioner.

William M. Bernstein, N. L. R. B., Washington, D. C. (John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Washington, D. C., on brief), for respondent.

Hugh J. Beins, Washington, D. C., Thomas H. Kohn, Alexandria, Va., on brief, for intervenors Teamsters Local Union No. 391.

Before WIDENER, HALL and MURNAGHAN, Circuit Judges.

MURNAGHAN, Circuit Judge:

Teamster Local Union No. 39 ("Union"), the certified bargaining agent for certain employees of S & W Motor Lines, Inc. ("Employer"), complained of alleged violations by the Employer of §§ 8(a)(1), (2), (3), and (5) of the National Labor Relations Act, 29 U.S.C. §§ 158(a)(1), (2), (3), and (5). An administrative law judge ("ALJ") in a decision dated January 12, 1978, determined that some of the complaints had been made...

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