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NORTHEAST BEVERAGE CORP. v. N.L.R.B.

Nos. 07-1206, 07-1265.

554 F.3d 133 (2009)

NORTHEAST BEVERAGE CORPORATION and B. Vetrano Distributors, Inc., Petitioners v. NATIONAL LABOR RELATIONS BOARD, Respondent. International Brotherhood of Teamsters, Local No. 1035, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 30, 2009.

Attorney(s) appearing for the Case

Thomas W. Budd argued the cause and filed the briefs for petitioners.

David A. Fleischer, Senior Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Ronald E. Meisburg, General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General Counsel, and Meredith L. Jason, Supervisory Attorney. Jason Walta, Attorney, entered an appearance.

Gregg D. Adler argued the cause and filed the brief for intervenor.

Opinion dissenting in part filed by Circuit Judge GARLAND.

GINSBURG, Circuit Judge:

In 2002 Northeast Beverage Corporation decided to close one of its subsidiaries, B. Vetrano Distributors Inc., and consolidate its operations at another facility. Before the closing, Northeast and the union that represented the employees at Vetrano bargained over the effects of the planned consolidation. During one bargaining session, six Vetrano delivery drivers walked off the job and went to the union hall to ask their employer's bargaining...

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