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UNITED FOOD & COMMERCIAL WKRS. INTERN. v. N.L.R.B.

No. 88-1084.

880 F.2d 1422 (1989)

UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION, AFL-CIO, LOCAL 150-A, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Dubuque Packing Company, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 4, 1989.

Attorney(s) appearing for the Case

Eugene Cotton, with whom Irving M. King, Chicago, Ill., Robert H. Nichols, and George R. Murphy, Benson, N.C., were on the brief, for petitioner.

David A. Fleischer, Attorney, N.L.R.B., with whom Howard E. Perlstein, Supervisory Atty., and Aileen A. Armstrong, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C., were on the brief, for respondent.

Ray J. Schoonhoven, Chicago, Ill., for intervenor.

Before WALD, Chief Judge, and RUTH B. GINSBURG and BUCKLEY, Circuit Judges.

Opinion for the Court filed by Chief Judge WALD.

WALD, Chief Judge:

This case arises out of charges originally filed in 1981 by the United Food & Commercial Workers International Union, AFL-CIO, Local 150-A ("the union"), against Dubuque Packing Company, Inc. ("Dubuque Packing" or "the company") for alleged unfair labor practices. The union accused Dubuque Packing of violating §§ 8(a)(5) and 8(d) of the National Labor Relations Act ("NLRA" or...

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