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LABORERS' INTERN. UNION, LOCAL 578 v. N.L.R.B.

Nos. 08-9564, 08-9569.

594 F.3d 732 (2010)

LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 578, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner.

United States Court of Appeals, Tenth Circuit.

February 2, 2010.

Attorney(s) appearing for the Case

Terrence A. Johnson, Colorado Springs, CO, for Petitioner/Cross-Respondent.

Milakshmi V. Rajapakse (Meredith L. Jason, 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 her on the brief), National Labor Relations Board, Washington, D.C., for Respondent/Cross-Petitioner.

Before GORSUCH, McKAY, and HOLMES, Circuit Judges.

GORSUCH, Circuit Judge.

In this case, the National Labor Relations Board (NLRB or Board) held that the Laborers' International Union of North America, Local 578, engaged in unfair labor practices when it persuaded Shaw Stone & Webster Construction, Inc. to fire Sebedeo Lopez for failing to pay his union dues. In support of its holding, the NLRB found that the union failed to provide Mr. Lopez with legally sufficient notice about his delinquent dues or a reasonable...

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