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AIR LINE PILOTS ASS'N v. N.L.R.B.

Nos. 05-75333, 05-76566.

525 F.3d 862 (2008)

AIR LINE PILOTS ASSOCIATION, Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner, ABX Air, Inc., Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed May 8, 2008.

Attorney(s) appearing for the Case

Dmitri Iglitzin, Schwerin Campbell Barnard LLP, Seattle, Washington, and Jerry D. Anker and R. Russell Bailey, Air Line Pilots Association, International, Washington, D.C., for the petitioner-cross-respondent.

David Habenstreit and Jason Walta, National Labor Relations Board, Washington, D.C., for the respondent-cross-petitioner.

Norman A. Quandt, Ford & Harrison LLP, Atlanta, Georgia, and Charles I. Cohen and Jonathan C. Fritts, Morgan, Lewis & Bockius LLP, Washington, D.C., for the intervenor.

Before: JANE R. ROTH, SIDNEY R. THOMAS and CONSUELO M. CALLAHAN, Circuit Judges.

ROTH, Circuit Judge:

The Air Line Pilots Association (ALPA) petitions this Court to review a final Decision and Order of the National Labor Relations Board (the Board or NLRB). The NLRB petitions for enforcement of its Order. ABX Air, Inc., the charging party before the NLRB, intervenes in this appeal as a matter of right.

The NLRB Complaint against ALPA alleged that, by attempting to enforce certain provisions of a collective bargaining agreement with DHL...

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