No. 97-1387.

140 F.3d 259 (1998)

OVERNITE TRANSPORTATION COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. International Brotherhood of Teamsters, Local 728, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 7, 1998.

Attorney(s) appearing for the Case

John N. Raudabaugh argued the cause for petitioner, with whom Christopher A. Johlie and Kenneth F. Sparks, Chicago, IL, were on the briefs.

Jill A. Griffin, Attorney, National Labor Relations Board, argued the cause for respondent, with whom Linda Sher, Associate General Counsel, South Euclid, OH, Aileen A. Armstrong, Deputy Associate General Counsel, and Frederick L. Cornnell, Jr., Supervisory Attorney, Alexandria, VA, were on the brief.

James D. Fagan, Jr., and Robert S. Giolito, Atlanta, GA, were on the brief for intervenor International Brotherhood of Teamsters, Local 728.

Before: WALD, SILBERMAN and ROGERS, Circuit Judges.

WALD, Circuit Judge:

This dispute arose out of a union election conducted at the Atlanta Service Center of Overnite Transportation Company ("Overnite") on April 17, 1995, by the National Labor Relations Board ("NLRB" or "Board"). The International Brotherhood of Teamsters, Local 728 ("union") won the election by a wide margin. Nonetheless, Overnite refused to bargain with the union on the grounds that the union had engaged in unlawful pre-election and election day...

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