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TRANSPORTATION MAINTENANCE SERVICES v. N.L.R.B.

No. 00-1427.

275 F.3d 112 (2002)

TRANSPORTATION MAINTENANCE SERVICES, L.L.C., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 4, 2002.

Attorney(s) appearing for the Case

Larry P. Kaplan argued the cause for petitioner. With him on the briefs were Mark W. Weisman and Michelle M. Gaffney.

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.

Before: GINSBURG, Chief Judge, HENDERSON, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

An employee of Transportation Maintenance Services petitioned the National Labor Relations Board to hold an election to decertify his union. The Board conducted an election but then impounded the ballots pending its review of the Union's claim that the election was time-barred. Before the Board had ruled upon that objection, the employee moved to withdraw his petition, claiming that...

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