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UNITED BROTH. OF CARPENTERS AND JOINERS v. N.L.R.B.

Nos. 81-2131, 81-2189.

690 F.2d 661 (1982)

UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, LOCAL # 308, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. BERRY-MAHURIN CONSTRUCTION, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided July 16, 1982.

Attorney(s) appearing for the Case

William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Allison W. Brown, Jr., Collis Suzanne Stocking, Attys., N. L. R. B., Washington, D.C., for respondent.

Patrick M. Roby, Diane Kutzko, for Shuttleworth & Ingersoll, Cedar Rapids, Iowa, for Berry-Mahurin Const., Inc.

Robert E. O'Connor, Jr., of Robert E. O'Connor & Associates, Omaha, Neb., Robert F. Wilson, Cedar Rapids, Iowa, for United Broth. of Carpenters, and Joiners of America, Local # 308, AFL-CIO.

Before LAY, Chief Judge, MARKEY, Judge, and HENLEY, Circuit Judge.

HENLEY, Senior Circuit Judge.

The United Brotherhood of Carpenters and Joiners of America, Local # 308, and Berry-Mahurin Construction, Inc. have petitioned this court for review of an order of the National Labor Relations Board finding both in violation of the National Labor Relations Act, 29 U.S.C. § 151 et seq., based on the union's refusal to refer and the company's refusal to hire Brian Lucas. For the reasons set forth below, we grant the Board's...

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