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DAILY NEWS OF LOS ANGELES v. N.L.R.B.

No. 91-1456.

979 F.2d 1571 (1992)

The DAILY NEWS OF LOS ANGELES, A DIVISION OF COOKE MEDIA GROUP, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Los Angeles Newspaper Guild, Local 69, AFL-CIO, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 11, 1992.

Attorney(s) appearing for the Case

Thomas P. Burke, with whom Jamie L. Johnson was on the brief, for petitioner.

Michael J. Gan, Atty., N.L.R.B. ("NLRB"), with whom Jerry M. Hunter, Gen. Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, and Paul J. Spielberg, Deputy Asst. Gen. Counsel, NLRB, were on the brief, for respondent.

Ellen Greenstone, David S. Barr, and David Jonathan Cohen were on the brief, for intervenor.

Before: BUCKLEY, WILLIAMS and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

Since 1986 the Daily News has given each employee an annual performance review, almost invariably on the anniversary of the employee's hire. The review was typically the occasion of a merit raise, but the company denied raises to 18.5% of eligible employees in 1986 and to 17.3% in 1987. Joint Appendix ("J.A.") 409-10. For those receiving raises, the percentage...

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