NEW ORLEANS COLD STORAGE & WAREHOUSE CO. v. NLRB

No. 98-60653.

201 F.3d 592 (2000)

NEW ORLEANS COLD STORAGE & WAREHOUSE CO., LTD., Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

January 24, 2000.


Attorney(s) appearing for the Case

Murphy J. Foster, III (argued), Juliet Thompson Rizzo, Breazeale, Sachse & Wilson, Baton Rouge, LA, Lawrence J. Molony, New Orleans Cold Storage & Warehouse, New Orleans, LA, for Petitioner-Cross-Respondent.

John D. Burgoyne (argued), Aileen A. Armstrong, Deputy Associate General Counsel, Charles P. Donnelly, Leslie S. Randolph, NLRB, Washington, DC, Michael Dunn, Director, NLRB, Fort Worth, TX, Curtis Wells, Regional Director, NLRB, New Orleans, LA, for NLRB.

Guy Christopher Curry (argued), New Orleans, LA, for Pierre, Intervenor.

Before POLITZ and STEWART, Circuit Judges, and LITTLE, District Judge.


LITTLE, District Judge:

This case was brought by New Orleans Cold Storage & Warehouse Co., Ltd. ("NOCS") to overrule the National Labor Relation Board's ("the Board") determination that NOCS violated Sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act ("the Act"). For the following reasons, we AFFIRM.

I.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

NOCS operates storage warehouses for chilled and frozen cargo in several cities...

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