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INTERNATIONAL UNION OF OPERATING ENG'RS v. N.L.R.B.

No. 02-1300.

350 F.3d 105 (2003)

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 470, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Pactiv Corporation, d/b/a Telleco Packaging, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 2, 2003.

Attorney(s) appearing for the Case

Helen L. Morgan argued the cause for the petitioner. Richard F. Griffin was on brief.

William M. Bernstein, Attorney, National Labor Relations Board, argued the cause for the respondent. Arthur F. Rosenfeld, General Counsel, John H. Ferguson, Associate General Counsel, and Aileen A. Armstrong, Deputy Associate General Counsel, National Labor Relations Board, were on brief.

Harold R. Weinrich and Jonathan J. Spitz were on brief for the intervenor.

Before: HENDERSON, TATEL and ROBERTS, Circuit Judges.

Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

The International Union of Operating Engineers, Local 470 (Union) seeks review of a decision of the National Labor Relations Board (NLRB, Board) affirming and adopting the decision of the administrative law judge (ALJ) and concluding that Pactiv Corp., a subsidiary of Tenneco Corp., d/b/a Tenneco Packaging, Inc., (Tenneco) did not commit an unfair labor practice...

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