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ADTRANZ ABB DAIMLER-BENZ TRANS. v. N.L.R.B.

No. 00-1282

253 F.3d 19 (2001)

Adtranz Abb Daimler-Benz Transportation, N.A., Inc., Petitioner v. National Labor Relations Board, Respondent Machinists Automotive Trades District Lodge No. 190 of Northern California, International Association of Machinists and Aerospace Workers, Afl-Cio, Intervenor

United States Court of Appeals, District of Columbia Circuit.

Decided June 26, 2001

Attorney(s) appearing for the Case

Mark S. Ross argued the cause for petitioner. With him on the briefs was Christopher J. Pirrone.

Jeffrey L. Horowitz, Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Leonard R. Page, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Frederick C. Havard, Supervisory Attorney.

David A. Rosenfeld argued the cause for intervenor. With him on the brief was Eric Borgerson.

Before: Sentelle and Karen LeCraft Henderson, Circuit Judges, and Silberman, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge SENTELLE.

Separate Concurring Opinion filed by Senior Circuit Judge SILBERMAN.

SENTELLE, Circuit Judge:

Adtranz ABB Daimler-Benz Transportation N.A., Inc. ("Adtranz") petitions for review of a National Labor Relations Board ("NLRB") order calling for a new representation election. Specifically, Adtranz challenges the NLRB's conclusion that its policies barring abusive and threatening language and limiting...

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