PERDUE FARMS, INC. v. N.L.R.B.

No. 96-2128.

108 F.3d 519 (1997)

PERDUE FARMS, INCORPORATED, Plaintiff-Appellee, v. NATIONAL LABOR RELATIONS BOARD; Willie L. Clark, Jr., Regional Director of the Eleventh Region of the National Labor Relations Board, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided March 14, 1997.


Attorney(s) appearing for the Case

ARGUED: Abby Propis Simms, Supervisory Attorney, National Labor Relations Board, Washington, DC, for Appellants. Charles Preyer Roberts, III, Haynsworth, Baldwin, Johnson & Greaves, P.A., Greensboro, NC, for Appellee. ON BRIEF: Frederick L. Feinstein, General Counsel, Linda Sher, Associate General Counsel, Margery E. Lieber, Assistant General Counsel for Special Litigation, D. Criss Parker, National Labor Relations Board, Washington, DC, for Appellants.

Before WILKINSON, Chief Judge, and HAMILTON and WILLIAMS, Circuit Judges.


Chief Judge WILKINSON wrote the opinion, in which Judge HAMILTON and Judge WILLIAMS joined.

OPINION

WILKINSON, Chief Judge:

Appellee Perdue Farms, Inc. brought suit in federal district court contending that the National Labor Relations Board (NLRB) had violated section 9(c) of the National Labor Relations Act (NLRA), 29 U.S.C. § 159(c). Specifically, the company claimed that the NLRB had not adequately investigated allegations that the United...

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