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UNITED FOOD WORKERS UNION, LOCAL 1036 v. N.L.R.B.

Nos. 00-70156, 99-71442, 00-70189, 99-71596 and 99-71317.

249 F.3d 1115 (2001)

UNITED FOOD AND COMMERCIAL WORKERS UNION, LOCAL 1036, Petitioner, Phillip Mulder; Charles Buck; Leon Gibbons; United Food and Commercial Workers Local 7; United Food and Commercial Workers Local 951, Intervenors, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Glenn Hilton; United Food and Commercial Workers Local 951, Respondents-Intervenors, Phillip Mulder; Charles Buck; Leon Gibbons, and Glenn Hilton, Petitioners, v. National Labor Relations Board, Respondent. Rebecca McReynolds; Barbara Kipp, Petitioners, United Food and Commercial Workers Local 7; United Food and Commercial Workers Local 951, Intervenors, v. National Labor Relations Board, Respondent. National Labor Relations Board, Petitioner, United Food and Commercial Workers Local 7; United Food and Commercial Workers Local 951, Intervenors, v. United Food and Commercial Workers Union, Local 1036, Respondent. National Labor Relations Board, Petitioner, v. United Food & Commercial Workers Union, Local 951, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed May 17, 2001.

Attorney(s) appearing for the Case

David A. Rosenfeld, Van Bourg, Weinberg, Roger & Rosenfeld, Oakland, California, for petitioner/cross-respondent UFCW Local 1036.

Glenn M. Taubman, Richard J. Clair, National Right to Work Legal Defense Foundation, Inc., Springfield, Virginia, for the petitioners/intervenors.

Fred L. Cornnell, Steven B. Goldstein, National Labor Relations Board, Washington, D.C., for respondent/cross-petitioner National Labor Relations Board.

James B. Coppess, AFL-CIO, Washington, D.C., for intervenors UFCW Locals 7 & 951.

Before: John T. NOONAN, M. Margaret McCKEOWN, and Kim McLane WARDLAW, Circuit Judges.

Argued and Submitted March 12, 2001 — San Francisco, California

Opinion by Judge NOONAN; Concurrence by Judge WARDLAW

NOONAN, Circuit Judge:

In these consolidated cases, Phillip Mulder, Charles Buck, Leon Gibbons, Glenn Hilton, Rebecca McReynolds and Barbara Kipp (the petitioners) petition for review of an order of the National Labor Relations Board (the Board or the NLRB) holding that they as nonmembers of a union may be charged under union...

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