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FEDERATED LOGISTICS AND OPERATIONS v. N.L.R.B.

Nos. 03-1323, 03-1357.

400 F.3d 920 (2005)

FEDERATED LOGISTICS AND OPERATIONS, A Division of Federated Corporate Services, Inc., Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent UNITE, AFL-CIO-CLC, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 25, 2005.

Attorney(s) appearing for the Case

Meir Feder argued the cause for petitioner. With him on the briefs were Andrew M. Kramer and Julia M. Broas.

Robert J. Englehart, 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 David A. Fleischer, Senior Attorney.

James B. Coppess argued the cause for intervenor. With him on the brief was Ira J. Katz.

Before: SENTELLE, HENDERSON and TATEL, Circuit Judges.

Opinion dissenting in part filed by Circuit Judge HENDERSON.

SENTELLE, Circuit Judge.

Federated Logistics and Operations ("Federated" or "Employer"), a division of Federated Corporate Services, Inc., petitions this Court for review of a decision and order of the National Labor Relations Board ("Board") in an unfair labor practice proceeding. Federated challenges Board determinations that it unlawfully made threats to, withheld wage increases from, and disciplined...

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