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NARRICOT INDUSTRIES, L.P. v. N.L.R.B.

Nos. 09-1164, 09-1280.

587 F.3d 654 (2009)

NARRICOT INDUSTRIES, L.P., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Shirley Mae Lewis; Henry Vaughan, Intervenors. National Labor Relations Board, Petitioner, v. Narricot Industries, L.P., Respondent. Shirley Mae Lewis; Henry Vaughan, Intervenors.

United States Court of Appeals, Fourth Circuit.

Decided: November 20, 2009.

Attorney(s) appearing for the Case

ARGUED: James Marion Powell, Womble, Carlyle, Sandridge & Rice, PLLC, Greensboro, North Carolina, for Narricot Industries, L.P. William L. Messenger, National Right to Work Legal Foundation, Springfield, Virginia, for Intervenors. Kellie Isbell, National Labor Relations Board, Washington, D.C., for the National Labor Relations Board. ON BRIEF: J. Mark Sampson, Womble, Carlyle, Sandridge & Rice, PLLC, Greensboro, North Carolina, for Narricot Industries, L.P. Ronald Meisburg, General Counsel, John E. Higgins, Jr., Deputy General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General Counsel, Meredith L. Jason, Supervisory Attorney, National Labor Relations Board, Washington, D.C., for the National Labor Relations Board.

Petition for review denied and cross-application for enforcement granted by published opinion. Judge KING wrote the opinion, in which Judge Agee and Judge Jones joined.

OPINION

KING, Circuit Judge:

Narricot Industries, L.P. ("Narricot"), petitions this Court for review of a Decision and Order entered against it by the National Labor Relations Board (the "Board"). See Narricot Indus., L.P., 353 N.L.R.B. No. 82 (Jan. 30, 2009) (the "Board Decision"). The Board Decision affirmed, with modification, the rulings made by an administrative law judge (the "ALJ") in a decision (the "ALJ Decision") that is attached to the...

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