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N.L.R.B. v. LABORERS' INT. UNION OF NORTH AMERICA

No. 84-4035.

748 F.2d 1001 (1984)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO; and Pipeline Local Union No. 38, Affiliated With the Laborers' International Union of North America, AFL-CIO, Respondents.

United States Court of Appeals, Fifth Circuit.

December 17, 1984.

Attorney(s) appearing for the Case

Elliott Moore, Deputy Assoc. Gen. Counsel, William Wachter, Joseph A. Oertel, N.L.R.B., Washington, D.C., for petitioner.

Marvin Menaker, Dallas, Tex., for respondents.

Michael Dunn, Dir., Reg. 16, NLRB, Fort Worth, Tex., for other interested parties.

Before GARZA, REAVLEY and JOHNSON, Circuit Judges.

GARZA, Circuit Judge:

In an earlier proceeding in this case, the National Labor Relations Board found that the respondent Pipeline Local 38 ("Local") had violated Section 8(b)(2) of the National Labor Relations Act, 29 U.S.C. 158(b)(2), by causing the discharge of employee Mac Westmoreland. Local 38 was also found to have violated Section 8(b)(1)(A), 29 U.S.C. 158(b)(1)(A), by discriminatorily refusing to refer Local 38 members Millard Dale Cook, Tom Mitchell, Alvin...

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