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TEAMSTERS LOCAL UNION NO. 435 v. N.L.R.B.

No. 95-9528.

92 F.3d 1063 (1996)

TEAMSTERS LOCAL UNION NO. 435, AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Tenth Circuit.

August 14, 1996.

Attorney(s) appearing for the Case

David R. Eason (Martin D. Buckley with him, on the brief), of Berenbaum, Weinshienk & Eason, P.C., Denver, Colorado, for Petitioner.

William M. Bernstein, Attorney, (Frederick L. Feinstein, General Counsel; Linda Sher, Associate General Counsel and Aileen A. Armstrong, Deputy Associate General Counsel, with him, on the brief), National Labor Relations Board, Washington, D.C., for Respondent.

Before HENRY, LIVELY and MURPHY, Circuit Judges.

LIVELY, Circuit Judge.

A union petitions for review of a decision of the National Labor Relations Board (the Board) finding that the union violated the duty of fair representation in "negotiating, performing and giving effect to" a collective bargaining agreement. The Board has filed a cross-application for enforcement.

After a union member filed a complaint, an administrative law judge (ALJ) held a hearing and subsequently filed her decision. Upon considering...

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