TRUSERV CORP. v. N.L.R.B.

No. 00-1356.

254 F.3d 1105 (2001)

TRUSERV CORPORATION, f/k/a Cotter & Company, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Teamsters Local Union No. 293, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 6, 2001.

As Amended on Grant of Rehearing August 17, 2001.

Amended August 21, 2001.


Attorney(s) appearing for the Case

Frank W. Buck argued the cause for petitioner. On the briefs were Mark V. Webber and Kenneth D. Schwartz. Kathy B. Houlihan entered an appearance.

Usha Dheenan, Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Leonard R. Page, Acting General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Charles Donnelly, Supervisory Attorney.

Basil William Mangano and John M. Masters were on the brief for intervenor Teamsters Local Union No. 293.

Before: Edwards, Chief Judge, Rogers and Garland, Circuit Judges.


Opinion for the Court filed by Circuit Judge Rogers.

ROGERS, Circuit Judge:

TruServ Corporation (formerly Cotter & Co.) petitions for review of a decision and order by the National Labor Relations Board. See Cotter & Co., 331 N.L.R.B. No. 94 (July 19, 2000). TruServ challenges for lack of substantial evidence the Board's findings that it violated § 8(a)(5) and (1) of the National Labor Relations Act, 29 U.S.C. § 158(a)(1), (5) (1998...

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