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FEDEX FREIGHT, INC. v. N.L.R.B.

Nos. 16-1360 16-1395.

839 F.3d 636 (2016)

FEDEX FREIGHT, INC., Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner, and International Brotherhood of Teamsters, Local 439, Intervenor.

United States Court of Appeals, Seventh Circuit.

Decided October 12, 2016.

Attorney(s) appearing for the Case

Ivan Rich, Jr. , Attorney, Memphis, TN, for Petitioner.

Linda Dreeben , Attorney, Jill A. Griffin , Attorney, Milakshmi V. Rajapakse , Attorney, NATIONAL LABOR RELATIONS BOARD, Washington, DC, for Respondent.

Costa Kerestenzis , Attorney, BEESON, TAYER & BODINE, Sacramento, CA, for Intervening Respondent.

Before POSNER, RIPPLE, and ROVNER, Circuit Judges.

The petitioner, FedEx Freight, Inc., a subsidiary of FedEx Corporation, uses trucks rather than planes to transport freight. This case concerns the workers at its terminal in Stockton, California, an inland seaport, at which the company employs 50 truck drivers and 27 dockworkers — the latter use forklifts to load and...

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