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N.L.R.B. v. INTERN. UNION OF OPERATING ENGINEERS

No. 85-7517.

806 F.2d 1405 (1986)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 501, AFL-CIO, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided December 29, 1986.

Attorney(s) appearing for the Case

Jerry Wohlgemuth, Christian Schuman, N.L.R.B., Washington, D.C., for petitioner.

Vicky Barker, Gordon K. Hubel, Los Angeles, Cal., for respondent.

Before TANG and BRUNETTI, Circuit Judges, and BURNS, District Judge.

TANG, Circuit Judge:

The NLRB petitions for enforcement of its order that the International Union of Operating Engineers Local 501 ("Union"), violated Section 8(b)(1)(B) of the National Labor Relations Act ("NLRA"), 29 U.S.C. § 158(b)(1)(B) (1982), by fining one supervisor-member and expelling two others as discipline for continuing to perform their usual supervisory duties during a lock-out. The Union contends that the supervisor-members were doing bargaining...

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