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EASTERN OMNI CONSTRUCTORS, INC. v. N.L.R.B.

Nos. 97-2519, 97-2659.

170 F.3d 418 (1999)

EASTERN OMNI CONSTRUCTORS, INCORPORATED, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. National Labor Relations Board, Petitioner, v. Eastern Omni Constructors, Incorporated, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided March 9, 1999.

Attorney(s) appearing for the Case

ARGUED: Catherine Ricks Piwowarski, Ward & Smith, P.A., New Bern, North Carolina, for Eastern Omni. Christopher Warren Young, National Labor Relations Board, Washington, DC, for Board. ON BRIEF: William Joseph Austin, Jr., Ward & Smith, P.A., New Bern, North Carolina, for Eastern Omni. Frederick L. Feinstein, General, Linda Sher, Associate General, Aileen A. Armstrong, Deputy Associate General, Charles Donnelly, Supervisory Attorney, National Labor Relations Board, Washington, DC, for Board.

Before WIDENER, HAMILTON and LUTTIG, Circuit Judges.

OPINION

HAMILTON, Circuit Judge:

Eastern Omni Constructors, Inc. (EOC) petitions this court to review a decision and order of the National Labor Relations Board (the Board), and the Board cross-petitions for enforcement of its order. The Board's decision affirmed the decision of the administrative law judge (the ALJ). The ALJ held that EOC violated § 8(a)(1) of the National Labor Relations Act (the NLRA), 29 U.S.C.A. § 158(a)(1), by: (1) threatening...

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