EVERGREEN AMERICA CORPORATION, Petitioner,
v.
NATIONAL LABOR RELATIONS BOARD, Respondent.
Local 1964, International Longshoremen's Association, AFL-CIO, Intervenor.
National Labor Relations Board, Petitioner,
v.
Evergreen America Corporation, Respondent.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued January 31, 2008.
Decided June 26, 2008.
Attorney(s) appearing for the Case
ARGUED: Francis X. Dee, McElroy, Deutsch, Mulvaney & Carpenter, L.L.P., Newark, New Jersey, for Evergreen America Corporation. David Arthur Fleischer, National Labor Relations Board, Washington, DC, for the National Labor Relations Board. Herzl Sol Eisenstadt, Marrinan & Mazzola Mardon, P.C., New York, New York, for Intervenor. ON BRIEF: John J. Peirano, William A. Cambria, McElroy, Deutsch, Mulvaney & Carpenter, L.L.P., Newark, New Jersey, for Evergreen America Corporation. Ronald Meisburg, General Counsel, John E. Higgins, Jr., Deputy General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, Robert J. Englehart, Supervisory Attorney, National Labor Relations Board, Washington, DC, for the National Labor Relations Board. Christopher P. Getaz, Gleason, Marrinan & Mazzola Mardon, P.C., New York, New York, for Intervenor.
Petition for review denied; cross-application for enforcement granted by published opinion. Judge GREGORY wrote the opinion, in which Judge MICHAEL joined. Judge DUNCAN wrote a separate opinion concurring in part and dissenting in part.
United States Court of Appeals, Fourth Circuit.
OPINION
GREGORY, Circuit Judge:
After losing its representation election, Local 1964, International Longshoremen's Association, AFL-CIO ("Union") filed a complaint against Evergreen America Corporation ("Evergreen") with the National Labor Relations Board ("Board"). The Board found that Evergreen committed numerous unfair labor practice violations and issued a bargaining order. On appeal, Evergreen contends that the Board erroneously found that the Union...
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