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PACIFIC MARITIME ASSOCIATION v. NLRB

No. 19-1101 Consolidated with 19-1103 19-1109 19-1110.

967 F.3d 878 (2020)

PACIFIC MARITIME ASSOCIATION, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided August 4, 2020.

Attorney(s) appearing for the Case

Michael E. Kenneally , Washington, DC, argued the cause for petitioner. With him on the briefs were Jonathan C. Fritts , Brigham M. Cheney , and Thomas A. Lenz .

Eric Weitz , Washington, DC, Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Peter B. Robb , General Counsel, David Habenstreit , Acting Deputy Associate General Counsel, and Kira Dellinger Vol , Supervisory Attorney.

Opinion concurring in part and dissenting in part by Circuit Judge Rao.

The National Labor Relations Board determined that Pacific Maritime Association ("Pacific") and Long Beach Container Terminal ("Long Beach") committed two distinct unfair labor practices in violation of the National Labor Relations Act when they applied disciplinary provisions of one employee's collective bargaining agreement...

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