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LABORERS UNION LOCAL NO. 324 v. N.L.R.B.

Nos. 95-70700, 95-70775.

123 F.3d 1176 (1997)

LABORERS UNION LOCAL NO. 324, LABORERS INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Douglas Murray, Respondent-Intervenor. NATIONAL LABOR RELATIONS BOARD, Petitioner, Douglas Murray, Intervenor, v. LABORERS UNION LOCAL NO. 324, LABORERS INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided February 10, 1997.

As Amended on Partial Grant of Rehearing August 14, 1997.

Attorney(s) appearing for the Case

Sandra Rae Benson, Van Bourg, Weinberg, Roger & Rosenfeld, Oakland, California, for petitioner-respondent.

Paul Alan Levy, Washington, D.C., for respondent-intervenor.

Frederick C. Havard, National Labor Relations Board, Washington D.C., for National Labor Relations Board. NLRB No. 32-CB-3253.

Before: LAY, GOODWIN, and SCHROEDER, Circuit Judges.

SCHROEDER, Circuit Judge:

A divided National Labor Relations Board ("NLRB") held in this case that a union violated Section 8(b)(1)(A) of the National Labor Relations Act ("NLRA"), 29 U.S.C. § 158(b)(1)(A), when it passed an internal rule barring distribution of materials during the operating hours of the union's hiring halls, and when it threatened to have a dissident union member arrested if he violated the rule. Laborers Union Local 324 (Associated General...

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