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

No. 95-1075.

113 F.3d 1259 (1997)

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 May 20, 1997.


Attorney(s) appearing for the Case

Robert G. Hulteng, argued the cause for petitioner, with whom Robert Leinwand, San Francisco, CA, was on the briefs.

Peter D. Winkler, Supervisory 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, Washington, DC, and Vincent J. Falvo, Jr., Attorney, Utica, NY, were on the brief. Linda Dreeben, Supervisory Attorney, Washington, DC, and Julie B. Broido, Senior Attorney, Pittsburgh, PA, entered appearances.

Kenneth C. Absalom, San Francisco, CA argued the cause for intervenors, with whom Jonathan Hiatt, Marsha S. Berzon, San Francisco, CA, and Judith A. Scott, Boston, MA, were on the brief. Kirsten S. Spalding, San Francisco, CA, entered an appearance.

Before EDWARDS, Chief Judge, WALD, SILBERMAN, WILLIAMS, GINSBURG, SENTELLE, HENDERSON, RANDOLPH, ROGERS, TATEL, and GARLAND, Circuit Judges.


Argued En Banc January 29, 1997.

Opinion for the Court filed by Circuit Judge SILBERMAN.

Opinion concurring in part and dissenting in part filed by Circuit Judge WALD, with whom Chief Judge EDWARDS and Circuit Judge ROGERS and Circuit Judge TATEL join.

Opinion concurring in part and dissenting in part filed by Circuit Judge HENDERSON, with whom Circuit Judge SENTELLE and Circuit Judge RANDOLPH join.

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