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GILBERT v. N.L.R.B.

No. 94-1081.

56 F.3d 1438 (1995)

James GILBERT, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 16, 1995.

Rehearing and Suggestion for Rehearing Denied August 16, 1995.

Attorney(s) appearing for the Case

Raymond J. LaJeunesse, Jr., argued the cause and filed the briefs for petitioner.

David A. Fleischer, Sr. Atty., N.L.R.B., argued the cause for respondent. With him on the brief were Linda R. Sher, Acting Associate Gen. Counsel and Aileen A. Armstrong, Deputy Associate Gen. Counsel, N.L.R.B. Charles P. Donnelly, Supervisory Atty., N.L.R.B., entered an appearance.

Dana K. Apple argued the cause for intervenor. With her on brief was Michael J. Stapp. Robert J. Henry entered an appearance.

Before: EDWARDS, C.J., and WILLIAMS and ROGERS, Circuit Judges.

Rehearing and Suggestion for Rehearing In Banc Denied August 16, 1995.

Opinion for the Court filed by Chief Judge EDWARDS.

HARRY T. EDWARDS, Chief Judge:

In 1988, petitioner James Gilbert was president of Local D-100 of the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers ("Boilermakers" or "Union"), which represented a unit of employees at the Kaiser Cement Corporation ("Company") in California. During...

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