TRUCK DRIVERS, UNION LOCAL 705 v. N.L.R.B.

No. 86-1254.

820 F.2d 448 (1987)

TRUCK DRIVERS, OIL DRIVERS, FILLING STATION AND PLATFORM WORKERS' UNION LOCAL 705, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Emery Air Freight Corp., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 9, 1987.

As Amended August 4, 1987.


Attorney(s) appearing for the Case

Sheldon M. Charone, Chicago, Ill., for petitioner.

Mark S. McCarty, Atty., N.L.R.B., with whom Robert E. Allen, Associate General Counsel, Elliott Moore, Deputy Associate General Counsel and Peter Winkler, Supervising Atty., N.L.R.B., Washington, D.C., were on the brief, for respondent.

David A. Grant, with whom Betty Southard Murphy, Washington, D.C., was on the brief, for intervenor.

Before WALD, Chief Judge, and BORK and SILBERMAN, Circuit Judges.


Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Petitioner Truck Drivers, Oil Drivers, Filling Station and Platform Workers' Union, Local 705, a Teamsters affiliate, seeks review of a National Labor Relations Board order finding that the union violated section 8(b)(4)(ii)(B) of the National Labor Relations Act ("Act"), 29 U.S.C. § 158(b)(4)(ii)(B) (1982). The Board determined that the union had a secondary objective in...

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