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SERVICE CORP. INTERN. v. N.L.R.B.

Nos. 06-1160, 06-1201.

495 F.3d 681 (2007)

SERVICE CORPORATION INTERNATIONAL, d/b/a Oak Hill Funeral Home and Memorial Park, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent Laborers' International Union of North America, AFL-CIO, Local No. 270, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 27, 2007.

Attorney(s) appearing for the Case

Nick C. Geannacopulos argued the cause and filed the briefs for petitioner.

Amy H. Ginn, Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Ronald E. Meisburg, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Jill A. Griffin, Attorney.

Before: ROGERS, GRIFFITH and KAVANAUGH, Circuit Judges.

Opinion for the Court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge:

In its petition for review of a National Labor Relations Board ("Board") order, Service Corporation International ("SCI") challenges a representation election narrowly won by the Laborers International Union of North America, Local Union 270 ("Union"). SCI argues that the Union campaign used altered sample ballots that had "the tendency to mislead [its] employees into believing...

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