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USF RED STAR, INC. v. N.L.R.B.

Nos. 99-2600, 99-2651 and 99-1079.

230 F.3d 102 (2000)

USF RED STAR, INCORPORATED, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Chauffeurs, Teamsters and Helpers Local 118, International Brotherhood of Teamsters, AFL-CIO, Petitioner, v. National Labor Relations Board, Respondent. National Labor Relations Board, Petitioner, v. USF Red Star, Incorporated; Chauffeurs, Teamsters and Helpers Local 118, International Brotherhood of Teamsters, AFL-CIO, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: October 18, 2000.

Attorney(s) appearing for the Case

ARGUED: Paul M. Sansoucy, Bond, Schoeneck & King, L.L.P., Syracuse, New York; Michael Thomas Harren, Chamberlain, D'amanda, Oppenheimer & Greenfield, Rochester, New York, for USF Red Star, et al. Andrew J. Krafts, National Labor Relations Board, Washington, D.C., for Board. ON BRIEF: Subhash Viswanathan, Bond, Schoeneck & King, L.L.P., Syracuse, New York, for USF Red Star, et al. Leonard R. Page, General Counsel, Linda Sher, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, Margaret A. Gaines, Supervisory Attorney, National Labor Relations Board, Washington, D.C., for Board.

Before WILKINSON, Chief Judge, MURNAGHAN, Circuit Judge, and Henry M. HERLONG, Jr., United States District Judge for the District of South Carolina, sitting by designation.

Enforced by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge HERLONG joined.

OPINION

WILKINSON, Chief Judge:

This case involves a pact between officials of a union and a company to discharge an opponent of incumbent union officials in exchange for the union's agreement to modify the collective bargaining agreement. The National Labor Relations Board found that the National...

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