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SKYLINE DISTRIBUTORS v. N.L.R.B.

No. 95-1571.

99 F.3d 403 (1996)

SKYLINE DISTRIBUTORS, a Division of Acme Markets, Inc., Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided November 8, 1996.

Attorney(s) appearing for the Case

Robert J. Bray, Jr., Blue Bell, PA, argued the cause and filed the briefs for petitioner.

David S. 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 Peter D. Winkler, Supervisory Attorney, were on the briefs. Linda Dreeben, Supervisory Attorney, Washington, DC, entered an appearance.

Before: EDWARDS, Chief Judge, HENDERSON and TATEL, Circuit Judges.

Opinion for the Court filed by Chief Judge EDWARDS.

Concurring opinion filed by Circuit Judge HENDERSON.

HARRY T. EDWARDS, Chief Judge:

This petition for review, brought by Skyline Distributors ("Skyline" or "petitioner"), a Division of Acme Markets, Inc. ("Acme"), raises the question of whether an employer, who is guilty of no other unfair labor practices ("ULPs"), can be required by the National Labor Relations Board ("Board" or "NLRB") to recognize...

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