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

No. 82-2243.

722 F.2d 828 (1983)

AMERICAN FREIGHT SYSTEM, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Philip O. McArthur, Southern Conference of Teamsters, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 29, 1983.

Attorney(s) appearing for the Case

R. F. Beagle, Jr., Kansas City, Mo., with whom Mary M. Cracraft, Kansas City, Mo., was on the brief for petitioner.

Elinor Hadley Stillman, Atty., N.L.R.B., Washington, D.C., for respondent. Elliott Moore, Deputy Associate Gen. Counsel, Jonathan Saperstein, Atty., N.L.R.B., Washington, D.C., were on the brief, for respondent.

Paul Alan Levy and Alan B. Morrison, Washington, D.C., were on the brief for intervenor, McArthur.

L.N.D. Wells, Jr. and G. William Baab, Dallas, Tex., were on the brief for intervenor, Southern Conference of Teamsters.

Before EDWARDS and SCALIA, Circuit Judges, and WILLIAMS, District Judge.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

In this case, we review a decision of the National Labor Relations Board (the "NLRB" or "Board") determining that American Freight System, Inc. committed an unfair labor practice in violation of section 8(a)(1) of the National Labor Relations Act1 (the "NLRA") by firing Philip McArthur for refusing to drive a truck that he believed was...

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