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TEAMSTERS LOCAL UNION NOS. 822 AND 592 v. N.L.R.B.

No. 90-1372.

956 F.2d 317 (1992)

TEAMSTERS LOCAL UNION NOS. 822 AND 592 a/w International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers of America, AFL-CIO, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Lone Star Industries, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 19, 1992.

Attorney(s) appearing for the Case

Jonathan G. Axelrod, Washington, D.C., for petitioners.

Joseph J. Jablonski, Jr., Attorney, N.L.R.B., with whom Jerry M. Hunter, Gen. Counsel, and Aileen A. Armstrong, Deputy Associate Gen. Counsel, Washington, D.C., were on the brief, for respondent. Paul J. Spielberg, Atty., N.L.R.B., Washington, D.C., also entered an appearance for respondent.

Thomas G. Greaves, III, Greenville, S.C., entered an appearance for intervenor.

Before WALD and RUTH BADER GINSBURG, Circuit Judges, and THOMAS, Circuit Justice.

Opinion for the Court filed by Circuit Justice THOMAS.

THOMAS, Circuit Justice:

Section 8(a)(3) of the National Labor Relations Act makes it an unfair labor practice for an employer "by discrimination in regard to hire ... to ... discourage membership in any labor organization." 29 U.S.C. § 158(a)(3). Section 8(a)(1) of the Act makes it an unfair labor practice for an employer "to interfere with ... employees in the exercise of the rights guaranteed in...

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