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ABF FREIGHT SYSTEM, INC. v. N. L. R. B.

No. 81-1983.

673 F.2d 228 (1982)

ABF FREIGHT SYSTEM, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided March 15, 1982.

Attorney(s) appearing for the Case

Charles B. Tomm, ABF Freight System, Inc., Fort Smith, Ark., for petitioner.

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, John G. Elligers, Michael F. Messitte, N. L. R. B., Washington, D. C., for respondent.

Before HEANEY, BRIGHT and HENLEY, Circuit Judges.

PER CURIAM.

An intra-union election contest arose in 1980 among employees at ABF's trucking terminal in Cape Girardeau, Missouri. ABF adopted and enforced rules that prohibited employees from soliciting support or distributing literature at any time on company premises and from posting campaign-related materials on a previously available bulletin board. Upon proper complaint, the NLRB found that ABF's policies were overly

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