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CORPORATE EXP. DELIVERY SYSTEMS v. N.L.R.B.

No. 01-1058.

292 F.3d 777 (2002)

CORPORATE EXPRESS DELIVERY SYSTEMS, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. International Brotherhood of Teamsters, Local Union No. 886, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 11, 2002.

Attorney(s) appearing for the Case

Terry L. Potter argued the cause and filed the briefs for petitioner.

Richard A. Cohen, Senior Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Arthur F. Rosenfeld, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Fred L. Cornnell, Supervisory Attorney.

James B. Coppess argued the cause for intervenor. With him on the brief was Michael C. Murphy.

Before: GINSBURG, Chief Judge, and EDWARDS and SENTELLE, Circuit Judges.

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

An express delivery company petitions for review, and the National Labor Relations Board cross-applies for enforcement, of a Board order holding that (1) drivers who delivered packages for the Company using their own vehicles (owner-operators) were employees rather than independent contractors, and (2) the Company committed unfair labor practices against owner-operators

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