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LABORERS' INTERN. UNION, LOCAL 104 v. N.L.R.B.

Nos. 1537, 1648, Dockets 91-4009, 91-4021.

945 F.2d 55 (1991)

LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO, LOCAL 104, Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner.

United States Court of Appeals, Second Circuit.

Decided September 24, 1991.

Attorney(s) appearing for the Case

Theodore T. Green, Washington, D.C. (Laborers' Intern. Union of North America, AFL-CIO), for petitioner-cross-respondent.

Stephen Davis, New York City (Davis & Davis, of counsel) for petitioner-cross-respondent.

Howard E. Perlstein, Washington, D.C. (Supervising Atty., N.L.R.B., Scott D. MacDonald, of counsel), for respondent-cross-petitioner.

Before OAKES, Chief Judge, and KAUFMAN and WALKER, Circuit Judges.

WALKER, Circuit Judge:

The National Labor Relations Board ("NLRB or Board") seeks to enforce its decision and order finding Laborers International Local 104 ("Local 104") in violation of § 8(b)(4)(ii)(D) of the National Labor Relations Act ("NLRA"). The Board concluded that Local 104 threatened an employer in order to force the latter to assign work to Local 104, work that had previously been given to members of Sheet Metal Workers Local 28. In turn, the Board...

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