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FIVE STAR TRANSP., INC. v. N.L.R.B.

No. 07-1316.

522 F.3d 46 (2008)

FIVE STAR TRANSPORTATION, INC., Petitioner, Appellant, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Appellee, United Food and Commercial Workers, Local 1459, Intervenor.

United States Court of Appeals, First Circuit.

Decided March 31, 2008.

Attorney(s) appearing for the Case

Robert L. Dambrov, with whom Cooley, Shrair P.D. was on brief, for petitioner.

Philip A. Hostak, Attorney, National Labor Relations Board, with whom Robert J. Englehart, Supervisory Attorney, were on brief, for respondent.

David B. Rome, Laurie R. Houle, and Pyle, Rome, Lichten, Ehrenberg & Liss-Riordan, P.C. were on brief, for intervenor Transportation Division, United Food & Commercial Workers, Local 1459, AFLCIO.

Before TORRUELLA, Circuit Judge, CYR, Senior Circuit Judge, and LYNCH, Circuit Judge.

TORRUELLA, Circuit Judge.

Petitioner Five Star Transportation, Inc. ("Five Star") seeks judicial review of the decision of the National Labor Relations Board ("NLRB") finding that it engaged in an unfair labor practice in violation of § 8(a)(1) of the National Labor Relations Act ("Act") when it refused to hire, or even consider for hire, six school bus drivers who wrote critical letters and email messages to the Belchertown...

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