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DIAMOND WALNUT GROWERS, INC. v. N.L.R.B.

No. 95-1075.

80 F.3d 485 (1996)

DIAMOND WALNUT GROWERS, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cannery Workers, Processors, Warehousemen and Helpers, Local 601, and International Brotherhood of Teamsters, AFL-CIO, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 29, 1996.

Attorney(s) appearing for the Case

Robert G. Hulteng, San Francisco, CA, argued the cause for the petitioner. Robert Leinwand, New York City, was on the brief.

Vincent J. Falvo, Jr., Utica, NY, National Labor Relations Board, argued the cause for the respondent. Linda R. Sher, Euclid, OH, Associate General Counsel, Aileen A. Armstrong, Washington, DC, Deputy Associate General Counsel, and Peter D. Winkler, Phoenix, AZ, National Labor Relations Board, were on brief. Julie B. Broido, Pittsburgh, PA, and Linda Dreeben, Washington, DC, National Labor Relations Board, entered appearances.

Kirsten S. Spalding argued the cause for the intervenors. Kenneth C. Absalom and Judith A. Scott were on brief.

Robert E. Williams and Daniel V. Yager were on brief for amicus curiae Labor Policy Association.

Before: WALD, SENTELLE and HENDERSON, Circuit Judges.

Opinion for the court filed by Circuit Judge HENDERSON.

Opinion dissenting in part and concurring in part filed by Circuit Judge WALD.

KAREN LECRAFT HENDERSON, Circuit Judge:

Amidst a bitter economic strike and at the union's direction, a small group of striking union activists crossed the picket line and temporarily returned to work, within days of a rerun representation election, for the announced purposes of campaigning for the union among replacement...

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