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FEDEX FREIGHT EAST, INC. v. N.L.R.B.

Nos. 05-1365, 05-1791.

431 F.3d 1019 (2005)

FEDEX FREIGHT EAST, INC., Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner.

United States Court of Appeals, Seventh Circuit.

Decided December 12, 2005.

Attorney(s) appearing for the Case

William A. Blue, Jr. (argued), Constangy, Brooks & Smith, Nashville, TN, Michael D. Giles, Constangy, Brook & Smith, Birmingham, AL, for Petitioner, Cross-Respondent.

Kellie Isbell (argued), Aileen Armstrong, National Labor Relations Board, Office of the General Counsel, Washington, DC, for Respondent, Cross-Petitioner.

Before FLAUM, Chief Judge, and EVANS and WILLIAMS, Circuit Judges.

FLAUM, Chief Judge.

Tommy Grass ("Grass") filed a charge under section 10(b) of the National Labor Relations Act ("Act"), 29 U.S.C. § 160(b), alleging that his employer, FedEx Freight East, Inc. ("Cross-Respondent" or "FedEx"), engaged in unfair labor practices by suspending and discharging him based on his union activity. After investigating the charge, the General Counsel of the National Labor Relations Board ("Board") issued a complaint alleging that FedEx...

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