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ST. GEORGE WAREHOUSE, INC. v. N.L.R.B.

Nos. 04-2893, 04-3363.

420 F.3d 294 (2005)

ST. GEORGE WAREHOUSE, INC., Petitioner in No. 04-2893. v. NATIONAL LABOR RELATIONS BOARD, Petitioner in No. 04-3363.

United States Court of Appeals, Third Circuit.

Filed August 23, 2005.

Attorney(s) appearing for the Case

John A. Craner, Esq. (argued), Craner, Satkin & Scheer, P.A., Scotch Plains, NJ, for St. George Warehouse, Inc.

Daniel A. Blitz, Esq. (argued), Meredith L. Jason, Esq., Arthur F. Rosenfeld, Esq., John E. Higgins, Jr., Esq., John H. Ferguson, Esq., Aileen A. Armstrong, Esq., National Labor Relations Board, Washington, DC, for National Labor Relations Board.

Before: SLOVITER and FISHER, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

POLLAK, District Judge.

St. George Warehouse, Inc. ("St. George"), a company that warehouses shipping containers, petitions for review of an order of the National Labor Relations Board ("NLRB" and "Board") finding that it violated section 8(a)(5) and 8(a)(1) of the NLRA, 29 U.S.C. § 158(a)(1) and (5),1 by unilaterally transferring unit work to temporary agency employees, who are not union members. To...

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