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AMERICAN POSTAL WORKERS UNION, AFL-CIO v. N.L.R.B.

No. 03-1322.

370 F.3d 25 (2004)

AMERICAN POSTAL WORKERS UNION, AFL-CIO, Atlanta Metro Area Local, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 4, 2004.

Attorney(s) appearing for the Case

James B. Coppess argued the cause for petitioner. With him on the briefs were Anton G. Hajjar, Lynn K. Rhinehart, and Laurence S. Gold.

Linda Dreeben, Assistant General Counsel, National Labor Relations Board, argued the cause for respondent. With her on the brief were Arthur F. Rosenfeld, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Julie F. Marcus, Attorney.

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

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

The American Postal Workers Union petitions for review of an order of the National Labor Relations Board holding the United States Postal Service did not violate § 8(a)(1) of the National Labor Relations Act, 29 U.S.C. § 158(a)(1), by ejecting two nonemployee union organizers from its Bulk Mail Center in Atlanta, Georgia. Because the Board had a rational basis for its decision...

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