U.S. POSTAL SERVICE v. N.L.R.B.

No. 91-1373.

969 F.2d 1064 (1992)

UNITED STATES POSTAL SERVICE, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, American Postal Workers Union, AFL-CIO, and East Bay Area Local, American Postal Workers Union, AFL-CIO, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 1992.


Attorney(s) appearing for the Case

Douglas N. Letter, Atty., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Jeffrica Jenkins Lee and Jacob N. Lewis, Attys., Dept. of Justice, and Karen A. Intrater, Associate Gen. Counsel, Jesse L. Butler, Asst. Gen. Counsel, James A. Friedman and Robert P. Sindermann, Jr., Attys., U.S. Postal Service, Washington, D.C., were on the brief, for petitioner William Kanter, Atty., Dept. of Justice, and Stephen E. Alpren, Washington, D.C., also entered appearances for petitioner.

William M. Bernstein, Atty., 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.

Anton G. Hajjar, Washington, D.C., was on the brief for intervenors.

Before: RUTH BADER GINSBURG, HENDERSON and RANDOLPH, Circuit Judges.


Opinion of the Court filed by Circuit Judge RUTH BADER GINSBURG.

RUTH BADER GINSBURG, Circuit Judge:

In NLRB v. J. Weingarten, Inc., 420 U.S. 251, 95 S.Ct. 959, 43 L.Ed.2d 171 (1975), the Supreme Court upheld a National Labor Relations Board (Board or NLRB) decision interpreting section 7 of the National Labor Relations Act (NLRA), 29 U.S.C. § 157,1

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