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

No. 88-2833.

952 F.2d 1203 (1991)

Pete LE'MON, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Sheet Metal Workers International Association Local Union No. 49 AFL-CIO, Intervenor.

United States Court of Appeals, Tenth Circuit.

December 20, 1991.

Attorney(s) appearing for the Case

Hugh L. Reilly of the National Right to Work Legal Defense Foundation, Inc., Springfield, Va. and Dan A. McKinnon, III, of Marron, McKinnon & Ewing, Albuquerque, N.M., for petitioner.

Jerry M. Hunter, General Counsel; D. Randall Frye, Acting Deputy General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel; Peter Winkler, Supervisory Atty., and Fred L. Cornnell, Attorney; N.L.R.B., Washington, D.C., for respondent.

Gerald R. Bloomfield, Albuquerque, N.M., for real party in interest.

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

SEYMOUR, Circuit Judge.

On May 7, 1990, we denied Pete Le'Mon's petition for review of a National Labor Relations Board (NLRB) order denying his claim that the Sheet Metal Workers' International Association, Local Union No. 49 (Union) had breached its duty of fair representation. Le'Mon v. NLRB, 902 F.2d 810 (10th Cir.1990) (Le'Mon I). Le'Mon claimed that the Union breached its duty by failing to file timely notice of...

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