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UNITED FOOD, COM. WORK. UNION LOC. 204 v. N.L.R.B.

No. 06-1318.

506 F.3d 1078 (2007)

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 204 and United Food and Commercial Workers International Union, AFL-CIO, Petitioners v. NATIONAL LABOR RELATIONS BOARD, Respondent. Smithfield Packing Company, Inc. and Smithfield Foods, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 6, 2007.

Attorney(s) appearing for the Case

Renee L. Bowser argued the cause and filed the briefs for petitioner.

Elizabeth A. Heaney, 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, Linda Dreeben, Deputy Associate General Counsel, and David S. Habenstreit, Supervisory Attorney. Fred B. Jacob, Attorney, entered an appearance.

Douglas M. Topolski argued the cause for intervenors. With him on the brief were Curtis L. Mack and Elena D. Marcuss.

Before: SENTELLE, TATEL, and GRIFFITH, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Following a union's unsuccessful effort to organize a plant, the National Labor Relations Board found that over the course of the union's campaign the employer committed several unfair labor practices in violation of the National Labor Relations Act. Although the employer contests none of the Board's conclusions, the union challenges the Board's decision to dismiss two of its claims...

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