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TEAMSTERS LOCAL UNION NO. 523 v. N.L.R.B.

Nos. 08-9568, 08-9577.

590 F.3d 849 (2009)

TEAMSTERS LOCAL UNION NO. 523, affiliated with the International Brotherhood of Teamsters, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Kirk Rammage, Intervenor.

United States Court of Appeals, Tenth Circuit.

December 22, 2009.

Attorney(s) appearing for the Case

Steven R. Hickman, Frasier, Frasier & Hickman, LLP, Tulsa, Oklahoma, appearing for Petitioner.

David A. Fleischer, Senior Attorney (Robert J. Englehart, Supervisory Attorney, Ronald Meisburg, General Counsel, John E. Higgins, Jr., Deputy General Counsel; John H. Ferguson, Associate General Counsel, and Linda Dreeben, Deputy Associate General Counsel, with him on the brief), National Labor Relations Board, Washington, D.C., appearing for Respondent.

John C. Scully, National Right to Work Legal Defense Foundation, Inc., Springfield, Virginia, appearing for Intervenor.

Before TACHA, HOLLOWAY, and KELLY, Circuit Judges.

TACHA, Circuit Judge.

This appeal arises from an unfair labor practice dispute initiated by Kirk Rammage against the Teamsters Local Union No. 523 ("the Union") and Mr. Rammage's employer, Interstate Brands ("the Employer"). After a hearing, the National Labor Relations Board ("NLRB"), acting through its only two members, determined that both the Employer and the Union committed unfair labor practices in violation of 29 U.S.C. § 158. The Union brought this appeal...

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