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GARVEY MARINE, INC. v. N.L.R.B.

No. 00-1076.

245 F.3d 819 (2001)

GARVEY MARINE, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. International Longshoremen's Association, Local 2038, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 17, 2001.

Attorney(s) appearing for the Case

Kenneth R. Dolin argued the cause for petitioner. With him on the briefs was Scott V. Rozmus.

Julie B. Broido, Supervisory Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Leonard R. Page, General Counsel, and Aileen A. Armstrong, Deputy Associate General Counsel. Charles P. Donnelly, Supervisory Attorney, entered an appearance.

James B. Coppess argued the cause for intervenor. With him on the brief was Craig Becker.

Before: GINSBURG, RANDOLPH and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

Opinion concurring in part and dissenting in part filed by Circuit Judge RANDOLPH.

GINSBURG, Circuit Judge:

The International Longshoreman's Association, Local 2038, AFL-CIO sought to represent deckhands on one of several fleets of boats belonging to Garvey Marine, Inc., a company that provides towing and related services. The Union, after losing a representation election, filed a complaint with...

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