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LOCAL 917, INTERN. BROTH. OF TEAMSTERS v. N.L.R.B.

Docket No. 07-2424-ag(L), 07-2696-ag(XAP).

577 F.3d 70 (2009)

LOCAL 917, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner.

United States Court of Appeals, Second Circuit.

Decided: August 11, 2009.

Attorney(s) appearing for the Case

Gene M.J. Szuflita, Belson & Szuflita, Brooklyn, New York, for Petitioner-Cross-Respondent.

Jill A. Griffin, Supervisory Attorney, Amy H. Ginn, Attorney, National Labor Relations Board, Washington, D.C., for Respondent-Cross-Petitioner.

Allen B. Roberts, Donald S. Kruger, Epstein Becker & Green, P.C., New York, New York, for Intervenor Empire Merchants, LLC.

Before: JACOBS, Chief Judge, McLAUGHLIN, and PARKER, Circuit Judges.

DENNIS JACOBS, Chief Judge:

This petition for review of a Supplemental Decision and Order issued by a divided National Labor Relations Board ("NLRB") arises from an exclusive distributorship agreement that the employer, Peerless Importers Inc. ("Peerless"), entered into with Diageo North America, Inc. ("Diageo"), a supplier of wines and spirits. Six months after the agreement went into effect, Diageo altered its sales terms to include delivery in the price of goods...

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