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N.L.R.B. v. RELCO LOCOMOTIVES, INC.

Nos. 12-2111, 12-2203, 12-2447, 12-2503.

734 F.3d 764 (2013)

NATIONAL LABOR RELATIONS BOARD, Petitioner v. RELCO LOCOMOTIVES, INC., Respondent. RELCO Locomotives, Inc., Petitioner v. National Labor Relations Board, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: August 20, 2013.

Attorney(s) appearing for the Case

Sarang Vijay Damle , U.S. Department of Justice, Tyler James Wiese , NLRB, argued, Washington, DC, for Petitioner.

Paul E. Starkman , argued, Chicago, IL, ( Svetlana Zavin , on the brief) for Respondent.

Before WOLLMAN, MURPHY, and SMITH, Circuit Judges.

MURPHY, Circuit Judge.

In two separate National Labor Relations Board (NLRB) proceedings, RELCO Locomotives, Inc. (RELCO) was found to have unlawfully discharged a total of eight workers for engaging in protected labor activity. The NLRB ordered the workers reinstated and petitioned for enforcement of its orders. RELCO cross petitioned for review of each of the two orders. After the initial briefing was completed, RELCO raised a new issue challenging the Board's composition...

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