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N.L.R.B. v. LABORERS' INTERN. UNION OF N. AMERICA

No. 84-4035.

882 F.2d 949 (1989)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO; and Pipeline Workers Local Union No. 38, affiliated with Laborers' International Union of North America, AFL-CIO, Respondents, and Pipeline Workers Local Union No. 350, affiliated with Laborers International Union of North America, AFL-CIO; and Rollin P. Vinall, Additional Respondents in Contempt.

United States Court of Appeals, Fifth Circuit.

September 8, 1989.

Attorney(s) appearing for the Case

Joseph A. Oertel, Arleen Armstrong, William Wachter, Deputy Assoc. Gen. Counsel, N.L.R.B., Sue Dishuck Gunter, Asst. Gen. Counsel, Stanley R. Zirkin, Deputy Asst. Gen. Counsel, Contempt Litigation Branch, N.L.R.B., Karen Cordry and Paul D. Boynton, Attys., Washington, D.C., for petitioner.

Marvin Menaker, Dallas, Tex., Orren Baird, Connerton, Ray & Simon, Washington, D.C., for respondents.

Michael Dunn, Director, Reg. 16, N.L.R.B., Fort Worth, Tex., for other interested parties.

Before GARZA, REAVLEY, and POLITZ, Circuit Judges.

GARZA, Circuit Judge:

Background

Pipeline Workers Local Union 38 ("Local 38"), until its bankruptcy on June 3, 1985, operated a nonexclusive referral system under successive collective bargaining agreements between the Laborer's International Union of North America and the Pipeline Contractors Association. On February 21, 1980, the National Labor Relations Board ("Board") issued a decision and order finding that Local 38 had unlawfully refused to refer certain...

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