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UNITED PARCEL SERVICE, INC. v. N.L.R.B.

Nos. 99-5226, 99-5031.

228 F.3d 772 (2000)

UNITED PARCEL SERVICE, INC., Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner, David Dunning, Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 29, 2000.

Attorney(s) appearing for the Case

Carey A. DeWitt (argued and briefed), Joseph M. Rogowski II (briefed), Butzel Long, Detroit, Michigan, for Petitioner.

Richard A. Cohen (argued and briefed), National Labor Relations Board, Office of the General Counsel, Aileen A. Armstrong (briefed), National Labor Relations Board, Appellate Court Branch, Washington, DC, for Respondent.

Barbara M. Harvey (briefed), Detroit, Michigan, for Intervenor.

Before: SILER and GILMAN, Circuit Judges; O'MALLEY, District Judge.

O'MALLEY, District Judge.

This action is a direct appeal from a decision of the National Labor Relations Board ["NLRB"]. The NLRB found that United Parcel Service, Inc. ["UPS"] committed several unfair labor practices. The Administrative Law Judge ["ALJ"] found that UPS's prohibition of the distribution of union literature in two areas she classified as "non-work" or "mixed" areas, and UPS's removal of a union document from a union bulletin board were unfair labor...

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