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BALLY'S PARK PLACE, INC. v. N.L.R.B.

Nos. 10-1309, 10-1356.

646 F.3d 929 (2011)

BALLY'S PARK PLACE, INC., Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent. International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 5, 2011.

Attorney(s) appearing for the Case

Judith Sadler argued the cause for petitioner. With her on the briefs was Charles E. Sykes.

Zachary R. Henige, Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General Counsel, and Robert J. Englehart, Supervisory Attorney.

Cassie Ehrenberg and Blair Katherine Simmons were on the brief for intervenor.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

Bally's Park Place, Inc. petitions for review of a decision and order of the National Labor Relations Board (NLRB). The Board found that the company committed unfair labor practices in violation of sections (8)(a)(1) and (3) of the National Labor Relations Act (NLRA), 29 U.S.C. § 158(a)(1), (3), when it discharged employee Jose Justiniano because of his support for the United Auto Workers. For the reasons set forth below, we deny Bally...

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