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ALTON H. PIESTER, LLC v. N.L.R.B.

Nos. 09-1148, 09-1255.

591 F.3d 332 (2010)

ALTON H. PIESTER, LLC, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. National Labor Relations Board, Petitioner, v. Alton H. Piester, LLC, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: January 15, 2010.

Attorney(s) appearing for the Case

ARGUED: Charles F. Thompson, Jr., Malone, Thompson & Summers, LLC, Columbia, South Carolina, for Alton H. Piester, LLC. Milakshmi V. Rajapakse, National Labor Relations Board, Washington, D.C., for the Board. ON BRIEF: Michael D. Malone, Columbia, South Carolina, for Alton H. Piester, LLC. Meredith L. Jason, Supervisory Attorney, Ronald Meisburg, General Counsel, John E. Higgins, Jr., Deputy General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General Counsel, National Labor Relations Board, Washington, D.C., for the Board.

Petition for review denied; cross-application for enforcement granted by published opinion. Chief Judge TRAXLER wrote the majority opinion, in which Judge DUNCAN joined. Judge AGEE wrote a separate opinion concurring in part and dissenting in part.

OPINION

TRAXLER, Chief Judge:

Alton H. Piester, LLC ("the Company") petitions this court for review of a decision of the National Labor Relations Board ("the Board") finding that the Company violated § 8(a)(1) of the National Labor Relations Act ("the Act"), see. 29 U.S.C.A. § 158(a)(1) (West 1998). The Board cross-applies for enforcement of its order. For the reasons stated below, we deny the Company's petition for review and grant the...

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