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UNITE HERE v. N.L.R.B.

Docket No. 06-4440-ag.

546 F.3d 239 (2008)

UNITE HERE, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Second Circuit.

Decided: October 14, 2008.

Attorney(s) appearing for the Case

Ira Jay Katz, Associate General Counsel (David M. Prouty, General Counsel, on the brief), Unite Here, New York, NY, for Petitioner.

Richard A. Cohen, Senior Attorney (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, on the brief) National Labor Relations Board, Washington, DC, for Respondent.

Before: WALKER, CABRANES, and RAGGI, Circuit Judges.

JOHN M. WALKER, JR., Circuit Judge:

Petitioner, Unite Here ("the Union"), seeks review of a National Labor Relations Board ("NLRB" or "Board") order dismissing a portion of the Union's complaint alleging unfair labor practices against employer North American Pipe Corporation ("NAP"). The Union claimed that NAP was required to bargain over a one-time stock award before distributing it to NAP's employees pursuant to Sections 8(a)(1) and (5) of the National Labor Relations...

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