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OVERNITE TRANSP. CO. v. N.L.R.B.

Nos. 99-2494, 00-1065.

280 F.3d 417 (2002)

OVERNITE TRANSPORTATION COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, International Brotherhood Of Teamsters, Intervenor. National Labor Relations Board, Petitioner, v. Overnite Transportation Company, Respondent, International Brotherhood Of Teamsters, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided February 11, 2002.

Attorney(s) appearing for the Case

ARGUED: Kenneth T. Lopatka, Matkov, Salzman, Madoff & Gunn, Chicago, Illinois, for Overnite. William M. Bernstein, Senior Attorney, National Labor Relations Board, Washington, D.C., for Board. Carey Robert Butsavage, Butsavage & Associates, P.C., Washington, D.C., for Intervenor. ON BRIEF: Kenneth F. Sparks, Christopher A. Johlie, Matkov, Salzman, Madoff & Gunn, Chicago, Illinois, for Overnite. Leonard R. Pate, General, Linda Sher, Associate General, Aileen A. Armstrong, Deputy Associate General National Labor Relations Board, Washington, D.C., for Board. Marc A. Stefan, Butsavage & Associates, P.C., Washington, D.C., for Intervenor.

Before WILKINSON, Chief Judge, and WIDENER, WILKINS, NIEMEYER, LUTTIG, WILLIAMS, MICHAEL, MOTZ, TRAXLER, KING, and GREGORY, Circuit Judges.

By published opinion, petition for review granted in part and denied in part, cross-application for enforcement denied to the extent inconsistent with the opinion, and case remanded for reelections at four sites. Judge NIEMEYER wrote the opinion, in which Chief Judge WILKINSON and Judges WIDENER, WILKINS, LUTTIG, WILLIAMS, and TRAXLER joined. Judge GREGORY wrote a separate opinion concurring in part and dissenting in part. Judge KING wrote a dissenting opinion, in which Judge...

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