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GARCIA v. N.L.R.B.

No. 85-7262.

785 F.2d 807 (1986)

Dominic GARCIA, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. United Parcel Service, Intervenor-Respondent.

United States Court of Appeals, Ninth Circuit.

Decided March 25, 1986.

As Amended April 25, 1986.

Attorney(s) appearing for the Case

David A. Rosenfeld, Van Bourg, Weinberg, Roger & Rosenfeld, San Francisco, Cal., for petitioner.

Judith Dowd, Robert I. Tendrich, N.L.R.B., Washington, D.C., Joseph E. Wiley, Laurence Corbett, Corbett & Kane, Oakland, Cal., for respondent.

Before BROWNING and TANG, Circuit Judges, and D. WILLIAMS, District Judge.

TANG, Circuit Judge.

Dominic Garcia, a United Parcel Service (UPS) employee, refused to obey a supervisor's order to tap his horn when he stopped to make residential deliveries because state law forbids horn honking unless necessary for safety. UPS discharged him for gross insubordination but after he filed a grievance the joint labor-management arbitration committee changed his discipline to a 10-day suspension. Garcia filed an unfair labor practice (ULP) charge...

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