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WEIS MARKETS, INC. v. N.L.R.B.

Nos. 98-1892, 98-2017.

265 F.3d 239 (2001)

WEIS MARKETS, INCORPORATED, t/a Mr. Z's Food Mart, Petitioner, v. NATIONAL LABOR RELATIONS BOARD; Local 72, United Food and Commercial Workers, Respondents. National Retail Association, Amicus Curiae. National Labor Relations Board, Petitioner, v. Weis Markets, Incorporated, t/a Mr. Z's Food Mart, Respondent, and Local 72, United Food and Commercial Workers, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided September 11, 2001.

Attorney(s) appearing for the Case

ARGUED: Robert Lewis, Jackson, Lewis, Schnitzler & Krupman, Woodbury, NY, for Weis Markets. Robert Paul Joy, Morgan, Brown & Joy, Boston, MA, for Amicus Curiae. Julie Brock Broido, Senior Attorney, National Labor Relations Board, Washington, DC, for Board. Carey Robert Butsavage, Butsavage & Associates, P.C., Washington, DC, for Intervenor. ON BRIEF: Roger S. Kaplan, Steven I. Farbman, Jackson, Lewis, Schnitzler & Krupman, Woodbury, NY, for Weis Markets. Robert P. Morris, Morgan, Brown & Joy, Boston, MA, for Amicus Curiae. Frederick L. Feinstein, General Counsel, Linda Sher, Associate General Counsel, John D. Burgoyne, Acting Deputy Associate General Counsel, Margaret A. Gaines, Supervisory Attorney, National Labor Relations Board, Washington, DC, for Board. Marc A. Stefan, Butsavage & Associates, P.C.; David Silberman, Bredhoff & Kaiser; Jonathan Hiatt, James Coppess, AFL-CIO, Washington, DC, for Intervenor.

Before WIDENER and MURNAGHAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

The petition for review of Weis Markets is granted in part and denied in part, and the petition of the Board for enforcement of its order is granted in part, granted as amended in part, and denied in part. Judge WIDENER wrote the opinion, in which Judge HAMILTON concurred.

OPINION

WIDENER, Circuit Judge:

Petitioner Weis Markets, Inc. ["Weis"] appeals the June 12, 1998, decision and order of the National Labor Relations Board [the "Board"] charging...

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