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LE'MON v. N.L.R.B.

No. 88-2833.

902 F.2d 810 (1990)

Pete LE'MON, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Tenth Circuit.

May 7, 1990.

Attorney(s) appearing for the Case

Dan A. McKinnon, III, of Marron, McKinnon & Ewing, Albuquerque, N.M., for Petitioner.

Fred L. Cornnell (Rosemary M. Collyer, General Counsel; Robert E. Allen, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Barbara A. Atkin, Supervisory Atty., with him on the brief), N.L.R.B., Washington, D.C., for respondent.

Before SEYMOUR and BALDOCK, Circuit Judges, and SEAY, District Judge.

SEYMOUR, Circuit Judge.

Pete Le'Mon, one of the employees represented by Sheet Metal Workers' International Association, Local Union No. 49 (Union), argues that the Union's failure to give the Federal Mediation and Conciliation Service (FMCS) timely notice of a labor dispute and the Union's subsequent encouragement of the illegal strike breached the Union's duty of fair representation, thereby constituting an unfair labor practice under section 8(b)(1)(A) of the National...

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