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THE EDWARD S. QUIRK CO., INC. v. N.L.R.B.

No. 00-1631.

241 F.3d 41 (2001)

THE EDWARD S. QUIRK COMPANY, INC., d/b/a Quirk Tire, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner, and Teamsters Local Union 25, Intervenor.

United States Court of Appeals, First Circuit.

Decided February 27, 2001.

Attorney(s) appearing for the Case

Terence P. McCourt with whom Laurie J. Hurtt and Hanify & King, P.C. were on brief for petitioner/cross-respondent.

Robert J. Englehart, National Labor Relations Board, with whom Leonard R. Page, General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, Howard E. Perlstein, Deputy Assistant General Counsel, and Fred L. Cornnell, Supervisory Attorney, were on brief for respondent/cross-petitioner.

Joseph A. DeTraglia with whom Matthew E. Dwyer and Dwyer & Jenkins, P.C. were on brief for intervenor.

Before BOUDIN, LYNCH and LIPEZ, Circuit Judges.

BOUDIN, Circuit Judge.

On this appeal, the Edward S. Quirk Company ("Quirk") petitions for review of an order of the National Labor Relations Board (the "Board"). Quirk operates a tire warehouse and service center in Watertown, Massachusetts. In 1994, Quirk employed about 40 people, 15 to 20 of whom were members of Local 25 of the Teamsters (the "union"). When the existing contract expired in January 1994, the parties, with the aid of a federal mediator, held bargaining...

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