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UNITED PARCEL SERVICE, INC. v. N.L.R.B.

No. 95-1469.

92 F.3d 1221 (1996)

UNITED PARCEL SERVICE, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, International Brotherhood of Teamsters and Teamsters UPS National Negotiating Committee, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 20, 1996.

Attorney(s) appearing for the Case

Martin Wald, Washington, DC, argued the cause and filed the briefs for petitioner.

David Habenstreit, Attorney, National Labor Relations Board, Washington, DC, argued the cause for respondent, with whom Linda R. Sher, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Linda Dreeben, Supervisory Attorney, were on the brief.

Stephen B. Moldof, New York City, argued the cause for intervenors, with whom Judith A. Scott was on the brief.

Before: WALD, SENTELLE, and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

Concurring opinion filed by Circuit Judge HENDERSON.

SENTELLE, Circuit Judge:

Since at least 1947, the National Labor Relations Board ("NLRB" or "Board") has regulated the labor relations of United Parcel Service, Inc. ("UPS, Inc." or "petitioner") under the National Labor Relations Act ("NLRA"). See United Parcel Service of New York, Inc., 74 N.L.R.B. 888, 888-89 (1947). For the first time...

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