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VIRGINIA CONCRETE CO., INC. v. N.L.R.B.

Nos. 95-1284, 95-1784.

75 F.3d 974 (1996)

VIRGINIA CONCRETE COMPANY, INCORPORATED, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Teamsters' Local Union No. 639, Intervenor. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. VIRGINIA CONCRETE COMPANY, INCORPORATED, Respondent, Teamsters' Local Union No. 639, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided February 16, 1996.

Attorney(s) appearing for the Case

ARGUED: Roger Kenneth Quillen, Fisher & Phillips, Atlanta, Georgia, for Petitioner. Marion Louise Griffin, National Labor Relations Board, Washington, D.C., for Respondent. Hugh J. Beins, Sr., Beins, Axelrod, Osborne, Mooney & Green, Washington, D.C., for Intervenor. ON BRIEF: H. Victor Hansen, Lawrence S. McGoldrick, Howard B. Jackson, Fisher & Phillips, Atlanta, Georgia, for Petitioner. Frederick L. Feinstein, General Counsel, Linda Sher, Acting Assistant General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, Charles Donnelly, Supervisory Attorney, Joseph A. Oertel, Senior Litigation Attorney, National Labor Relations Board, Washington, D.C., for Respondent. Jonathan G. Axelrod, Edward M. Gleason, Jr., Beins, Axelrod, Osborne, Mooney & Green, Washington, D.C., for Intervenor.

Before RUSSELL, MICHAEL, and MOTZ, Circuit Judges.

Petition denied, cross-petition granted, and order enforced by published opinion. Judge MICHAEL wrote the opinion, in which Judge RUSSELL and Judge MOTZ joined.

OPINION

MICHAEL, Circuit Judge:

This case is about an employer's count of unit employees eligible to vote for purposes of a union decertification petition submitted in the aftermath of an economic strike. Petitioner/Cross-Respondent, Virginia Concrete Company, Inc. ("Virginia Concrete" or...

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