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SMALL v. OPERATIVE PLASTERERS' AND CEMENT MASONS'

Nos. 08-56668, 08-56942.

611 F.3d 483 (2010)

James F. SMALL, Regional Director of Region 21 of the National Labor Relations Board for and on behalf of the National Labor Relations Board; National Labor Relations Board, Plaintiffs-Appellees, v. OPERATIVE PLASTERERS' AND CEMENT MASONS' INTERNATIONAL ASSOCIATION LOCAL 200, AFL-CIO, Defendant-Appellant. James F. Small, Regional Director of Region 21 of the National Labor Relations Board for and on behalf of the National Labor Relations Board, Plaintiff, and National Labor Relations Board, Plaintiff-Appellant, v. Operative Plasterers' and Cement Masons' International Association Local 200, AFL-CIO, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 8, 2010.

Attorney(s) appearing for the Case

John J. Davis, Jr., Paul L. More, Davis, Cowell & Bowe LLP, San Francisco, CA, for the defendant-appellants.

Ronald Meisburg, John E. Higgins, JR., Barry J. Kearney, Judith I. Katz, Steven L. Sokolow, Richard J. Lussier, National Labor Relations Board, Washington, D.C., for the appellee.

Stephen J. Schultz, Mark T. Bennett, Marks, Golia & Finch LLP, San Diego, CA, for the amicus curiae.

Before HARRY PREGERSON, SUSAN P. GRABER, and KIM McLANE WARDLAW, Circuit Judges.

WARDLAW, Circuit Judge:

This appeal arises from a dispute between two unions over the right to perform certain plastering work as subcontractors for contractor Standard Drywall, Inc. ("SDI"). The National Labor Relations Board (the "Board") awarded the work to the Southwest Regional Council of Carpenters, United Brotherhood of Carpenters and Joiners of America ("the Carpenters"), whereupon the other union, Operative Plasterers...

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