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Northeast Beverage Corp. v. National Labor Relations Board
554 F.3d 133
D.C. Cir.
2009
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*2 GINSBURG, Before HENDERSON GARLAND, Judges. Circuit Opinion for the Court filed Circuit Judge GINSBURG.

Opinion dissenting part filed Circuit Judge GARLAND. GINSBURG, Circuit Judge: In 2002 Beverage Northeast Corpora- subsidiaries, tion decided to close one of its Inc., B. Vetrano Distributors and consoli- date operations at another facility. Be- fore the closing, Northeast and the union represented at Vetrano bargained over the effects of the planned During consolidation. one bargaining ses- sion, six delivery Vetrano drivers walked job off the and went to the union hall to ask their employer’s bargaining represen- tatives about employment. future suspended Northeast the drivers and dis- charged five of them for leaving work. The National Labor Relations Board sub- sequently determined the walkout was protected by Section 7 of the National Act, Labor Relations 29 U.S.C. disciplinary measures were therefore practices. unfair labor The Board also found impermissibly Northeast dealt di- rectly employee with one over mandato- ry subject of collective bargaining when it argued Thomas W. Budd the cause and revised its offers of severance to those filed petitioners. the briefs for employees who were not discharged. The second session between Beverage Corp., 349 N.L.R.B. Northeast (2007). and Northeast Union was scheduled for 10:00 a.m. on at29 the union hall. re- Everett, Gary That morning, the Union’s Board’s decision that en- view of the *3 steward, shop was scheduled to work from practices. in unfair gaged a.m., 3:30 to 7:30 the opening facility and enforcement of its cross-appeals Board for trucks, loading planned after which he to in holding We find the Board erred order. attend the He told session. the from work was employees’ departure the other “going Vetrano drivers he was to a by grant Act. therefore protected the We meeting morning try get to some petition deny the for review and enforce- everybody answers for to see what was respect ment of the Board’s order with to going on.” suspended discharged employees. the grant the enforce- We drivers Other scheduled to make deliv- ment of the Board’s order as it relates to day eries that told Everett wanted to dealing employ- too; direct with an meeting, attend the Everett said he pay. concerning ee severance if it meeting, did not know was a closed leaving but that work to attend the meet- Background I. ing “would not be an authorized union Nevertheless, thing to do.” Northeast, the drivers a Rhode Island-based dis- left to attend the drinks, meeting hope work in acquired and soft tributor beer getting information about how the in consoli- beverage two distributors Connecticut: jobs. dation would affect their facility in Everett Beverages, Burt’s a nonunion Distributors, Joseph Pignatella, called Bethel, Vetrano driver and B. Vetrano already who had finished and left in work the facility unionized Bristol. Local No. facility, to tell him the 1035, going drivers were International Brotherhood of Team- meeting join to so he the could them. The represented the drivers and ware- sters drivers who left work at Vetrano to attend housemen at Vetrano. The contract be- were, seniority: in meeting the order of contained a tween Vetrano and Union (10 (1 years), Chris Fedor Paul Johnson “guar- no-strike clause which the Union (11 months), year), Ri- Jerzy Marczewski will no employer there be antee[d] (1 month), strikes, Bosques cardo Robert Collins stoppages, or oth- authorized work (17 (10 days), days). and Russell Towle op- concerted interference with normal er shortly The men left before a.m. John 8:00 employees.” erations Vetrano, general manager, found out acquisitions, In the wake of the North- Pignatella, from who about their consultant, operations east retained an called him around 8:00 a.m. Reveliotty, closing Alex who recommended consolidating opera- Vetrano and the two The drivers first went to a coffee facility. May questions management tions the Burt’s On formulate until union hall representatives opened. 2002 Northeast met with to wait When hall, of the Union and informed them of the arrived at the union the Union’s Hammond, manager, consolidation. After that business John met planned meeting, parking expressed learned of the con- them lot. He and, implica- surprise presence about its at their and instructed solidation concerned jobs, in- to work. The tions for their several of them them to return Secre- Union, Roos, tary/Treasurer of quired employer of their or of the Union Chris Adler, attorney, Gregg received no definitive answers. and the Union’s but return to work. The that five of the six drivers who had left also told the men to refused, discharged; 29 would be saying men wanted answers work Fedor, questions jobs. long about their The Chris view of his tenure to their only a representatives Company, said the was with the would receive union in- yet one-day suspension. and answers were not available. John Vetrano closed representatives eventually de- formed the other five drivers that it was The union day. to introduce their last Northeast sent them each cided allow drivers letter, employer’s representa- themselves to the dated June 18 and mailed June tives, stay confirming discharge. but said the drivers could not his ar- representatives after that. Northeast’s discharged Also on June the five *4 introducing around 10:45. rived After drivers, having “help seen a wanted” ad- employer’s representa- themselves to the newspaper, vertisement in a went to Burt’s tives, the drivers left to return to the job and applications. filled out North- warehouse. consultant, Reveliotty, east’s told the hir- meeting, ing

When the drivers had left the staff at Burt’s not to interview or hire Budd, attorney, they Thomas in- the five drivers because had been job formed the walking Union the drivers’ fired for off the at Vetrano. and, result, improper work was Northeast had a policy rehiring as of not suspended indefinitely pending discharged employees. would be investigation. an protest Under from the At the 14 meeting, June Northeast had Union, Northeast said the drivers could Everett, Pig- also informed the Union that day, May return to work the next but it natella, and Fedor would be offered em- would interview them to determine or, ployment at Burt’s if declined appropriate discipline. Meanwhile, the six employment, a package; severance Fedor job drivers who had walked off re- $15,000, $11,000, would receive Everett turned to the warehouse around 11:30 $10,600. later, Pignatella days and A few a.m., a manager where informed them approached Reveliotty Everett and told (Everett suspended. had been Pigna- and him the severance-package offers were un- tella, who were not scheduled to work at Although higher salary, fair. Fedor had a the time of the meeting, were not disci- Pignatella greater Everett said he and had plined.) The grievance, Union later filed a seniority performed “intangi- several claiming the suspension violated the collec- ble” services for the Company, such as tive-bargaining agreement. opening the morning warehouse

On Northeast sent the six driv- bringing night. in trucks at ers a letter explaining that it was conduct- Budd, According to Northeast’s attor- ing investigation job an “illegal into their ney, Reveliotty told him on June 17 that action” and would “impose appropriate dis- upset were about the sever- cipline up to and including discharge.” day, ance offers. That same Budd told put John in charge Vetrano was of inter- Adler, Gregg attorney, Union’s drivers, viewing the six and Everett was Company modify would and give offer present for each interview. $15,000. employee each According to Adler, however,

At a on June only Budd told him informed the liquor Union that the state expected accept job he Fedor authority Burt’s, approved had money consolidation which event more would facility closing the Vetrano would be be available to increase pay- the severance day. the next It also informed the Pignatella; Union ments offered to Everett and that, yet questions job no offer had their about security as Adler understood was not Act; protected by been made. 7 of the Member Schaumber further concluded the Compa- event, any In or about June 18 Revel- ny’s discipline stated reason for the was iotty telephoned say Everett he had pretextual not but motivated aby legiti- president discussed the matter with the justification, viz., mate business the em- would offer Company Northeast and the ployees’ unauthorized departure during $15,000 to of the three drivers. Ev- each working time. Roos, Secretary/Trea- erett then called Union, him surer of the to tell he was not The Board ordered Northeast to offer job accepting a at Burt’s because of the jobs at Burt’s to discharged the five em- Having increased severance offer. heard ployees; any make them whole for losses had an from Roos Everett received suffered as a result of suspensions $15,000, sent a fax offer of Adler Budd Burt’s; and of the refusal to hire them at accusing Reveliotty dealing directly with expunge any from their records reference employee mandatory subject an over a suspensions discharges; to the bargaining. collective a letter dated notify current and former *5 19, “any apologized June Budd for misun- Board’s decision. derstanding” explained and that as he un- 17,

derstood their conversation of June he Analysis II. Company’s the of- had communicated new uphold must We the order of the $15,000. fer of unless, upon Board reviewing the record facts, panel On these of the Board whole, as a we conclude the Board’s find unanimously held that Northeast violated ings supported by are not “substantial evi 8(a)(1) (5) §§ by bypassing and the Union dence,” 160(f), § 29 U.S.C. or the Board dealing directly with Everett concern- apply failed to the proper legal standard or A ing pay. majority his severance of the departed precedent from established with panel May concluded that the walkout of Mail Con justification. out a reasoned “ activity 29 was concerted for ‘mutual aid’ NLRB, tractors America v. 27, 514 F.3d of directly dispute”; related to a was (D.C.Cir.2008). 31 conclude the We Board not in breach in of the no-strike clause the NLRB v. Washington applying erred in bargaining agreement collective between Co., Aluminum 370 82 S.Ct. U.S. Northeast and the Union or otherwise in- (1962) L.Ed.2d 298 to the facts of this case. defensible; and protected was therefore We also hold the Board’s decision that activity. Accordingly, held Board engaged impermissible Northeast in direct 8(a)(1) (3) §§ Northeast violated of the dealing supported by is substantial evi byAct suspend- National Labor Relations grant dence. therefore We ing employees, discharging the six five of part review in enforcement them, refusing hiring to consider respect the Board’s order with to the sus discharged employees at five Burt’s. The pended discharged employees. Board further held Northeast’s reason for A. The Walkout

disciplining employees were “pretextu- al,” masking animus. anti-union argues Northeast the walkout on Schaumber, If dissenting, May protected:

Member would 29 was not it was a have held the did not have a strike or other concerted interference with unprotected dispute” employer, operations, “labor with the where- normal then it was clause in for their work to obtain answers to because it violated the no-strike concerns, bargaining agreement. employer If it related and their was the collective strike, a usurpation providing not a then it was not such answers.” was Thus, working personal purposes time for and N.L.R.B. at 1167. “their attendance Act, which unprotected Section of at the was furtherance of their “right self-organiza- to protects employees’ ‘mutual aid’ to obtain information about tion, form, join, organiza- to or assist labor employment]” protected and was [their tions, collectively through rep- bargain to § Washington 7 under Aluminum. choosing, resentatives of their own and to case, Supreme Court held engage other concerted activities for the walkout, spontaneous pro- undertaken to of collective or other purpose bitterly cold conditions about working test protection.” mutual aid or 29 U.S.C. the employees previously which had com- § 157. plained, protected by was 7. The Court The Board concluded the 29 work explained grow that the walkout “did out because, stoppage was not a strike when dispute’ plain of a ‘labor within the mean- facility, “they the drivers left 2(9) §in ing of the definition of that term pressure not plan did have the em- of the Act.” 370 U.S. at 82 S.Ct. ployer grant any or to concessions take record in that running The case showed “a any action.” Beverage Corp., dispute shop between the machine employ- 349 N.L.R.B. at 1167. As the Board de- company heating ees and the over the scribed the walkout: days dispute on cold which —a receiving not an- were culminated in the decision employ- questions regarding swers to their such concertedly ees to act in an effort to force *6 they issues as whether would retain company improve the to that condition of employment, seniority their what their 15-16, employment.” their Id. at 82 S.Ct. be, status what pay would and their 1099. merger. They would be after the decid- meeting ed to attend the to demonstrate Nothing Washington sug Aluminum anxiety matters, their about these and to gests protects employee the Act an walk questions. seek answers to their out that part ongoing is not of an “labor “terms, dispute” The Board over tenure or concluded this situation conditions employment.” amounted to a of dispute” “labor within the Here there was no such 2(9) Act, meaning is, § dispute; contrary, of on the there was a col terms, “controversy concerning tenure or bargaining agreement dealing lective with of employment, concerning subjects conditions or those ongoing bargaining the association or representation per- application over impending to an in negotiating, fixing, sons maintaining, change of circumstances. The Board at changing, seeking arrange or to tempts dispute” terms or to find a “labor in the employment.” conditions of 29 U.S.C. facts of this case but its effort is uncon 152(9). § “controversy,” according vincing The to and does not amount to a reason Board, 2(9) employees “was that the reading want- able either of or of Wash * ed employment- definitive answers to their ington Aluminum. * dissenting colleague points Our employees, dissenting op. to no facts at and that ongoing dispute urgent establish an labor felt an “need information” —that is, controversy employment, the drivers and dissenting op. about their future —between 141-42, pending dispute.” Northeast. That the consolidation at do not make for a "labor particularly employees' created "a "hop[e] vulnerable time” for Nor does the to influence (1982), absent- two prior employees employees In cases where absented themselves engage from work to in from work to attend a meeting ed themselves union un- planned union activities or to seek information where to discuss their con- ongoing dispute, an cerns with union rep- related to officials to seek resentation. The Board unprotected. Board has found their actions held their actions Oil, (1952), unprotected upheld their discharge, In Coast 97 N.L.R.B. 1513 Gulf again equally terms applicable arrived at work three hours to the present case: rep- late had met with union because resentatives to learn about the benefits of very This is the activity kind of which joined and had the un- organization union can place and should take on employees’ unpro- ion. The Board found this conduct own time. There was no urgency which activity tected: “The here amounted to an called for a work-time consultation with usurpation company unwarranted time union officials indeed no evidence engage to in a sort of ... the employees, either at that activity customarily during union done any time, or at organized other Id. at In Terri non-working time.” their protest endeavor into a which in- Lee, Inc., (1953), 107 N.L.R.B. 560 working volved or affected conditions. employees, upset about a cut in their Id. at 573. to with a piece-rate pay, left work consult closely union about the matter. The Board found This case more resembles Gulf Oil, activity Lee, unprotected and their dis- Coast Terri Trucking GK charge consequently Washington lawful. terms than it does Aluminum. mutandi, equally applicable, specifically mutatis to Board found the drivers did case, present plan pressure the Board said the em- not have a Northeast but ployees “engage only did not in a strike or get wanted information about their withholding other concerted but employment. work” The Vetrano drivers knew “merely day steward, intended to take the off to their who was a member of Union, team, obtain information from the without the Union’s would be *7 any purpose thereby protesting meeting, the cut was aware of questions, their any in piece seeking report rates or of concession and would back to them. That the employer].” particularly from Id. at 562. get [their drivers were anxious to answers, Trucking Corp., questions G.K. 262 N.L.R.B. 570 and wanted to ask their notes, employer merg- rectly their to retain them after the we defer to the Board's reason- er,” id., interpretation precedents, dispute able of its own dis- mean there was a labor or 141, senting op. uphold but we an § will not that 7 entitled walk otherwise them to off order of the Board when it has "erred in jobs apply their old in order to new for ones. applying established law to the facts of the dissenting colleague Neither does our rec- case,” NLRB, Jochims v. 480 F.3d Supreme oncile the facts of this case with the (D.C.Cir.2007), misapplied as the Board has Aluminum, Washington Court's decision in Washington Aluminum here. "We are not broadly employees which he states "held that agency's obligated interpreta- to defer to an shop left their who because it was too cold Supreme precedent tion of Court under Chev- protected by Dissenting op. were Section 7.” any principle. ron or other There is therefore why they protected by at 142 n.l. But were supposed experts reason no for courts—the Because, said, Section 7? the Court their judicial analyzing agen- decisions—to defer to "gr[e]w dispute’ walkout out of a 'labor with- cy interpretations opinions.” of the Court's NLRB, plain meaning in the of the definition of that Univ. Great Falls v. 278 F.3d 2(9) (D.C.Cir.2002) (internal term in of the Act.” 370 U.S. at citation and omitted). dissenting colleague quotation S.Ct. 1099. As our cor- marks employer’s representa- to the directly, distinguish does not this case addressed If Lee employees from the others in which left tives then and there. the Terri jobs during working ques- time to seek to address had left work just could have management company, information that as well tions to the of their during been obtained from the union non- the result would have been the same. working Accordingly, employ- hours. departure the drivers’ from We hold justified by leaving ees’ work was neither protected information is not work to obtain ongoing dispute connection to an by employees’ § 7. Because the walkout employer by compelling with their nor legiti- had a unprotected, was necessity to attend the session them. disciplining mate business reason for day. employees simply that The used to the We therefore enforcement working engage time to in union-related suspen- respect Board’s order with to the activity customarily reserved non- subsequent discharges sions and working time. Vetrano drivers.

Section 7 and the relevant cases there- Dealing B. Direct protect employees under do not who leave work to seek information from their union uphold portion We that of the Board’s employer. or their Board therefore order addressed to Northeast’s direct treating employees’ erred in mere dealing employee concerning with an his quest dispute.” for information as “labor pay. severance The Board found Washington inapposite Aluminum is be- consultant, Reveliotty, Northeast’s Alex cause there the who left work who, negotiated Gary with al- Everett — engaged dispute were in a with their em- steward, though acting was then ployer seeking were personal capacity employee— his as an change working in their conditions. (and packages Pig- over the severance he natella) would Id. at receive. 1195. The

Similarly, attempts the Board’s to distin- testimony Board also discredited guish Coast Oil and Terri Lee are Gulf Budd, attorney, Thomas had unconvincing. distinguished The Board communicated the new severance offer to ground Oil on the that here the driv- Gulf attorney Gregg union Adler before Revel- ers, as evidenced their failure to receive iotty had made the offer to Everett. Id. answers to their questions, had no “cus- findings provide These factual substantial tomary” way to obtain the relevant infor- evidence for the Board’s determination mation. 349 N.L.R.B. at But 1167-68. Company directly dealt an with the existence vel non of a “custom” is *8 employee mandatory subject over a of col- where, here, irrelevant as the shop stew- bargaining. lective ard informed the drivers that he would meeting report attend the back to III. Conclusion distinguished them. The Board also Terri ground above, Lee on the that here the drivers For the reasons set out we hold sought directly information from their em- the employees’ unpro- 29 walkout was ployer Therefore, by rather than from their union. Id. tected Act. the Northeast meaningful 1168. This is not a distinc- did not practice by commit an unfair labor tion; here, disciplining the drivers like the drivers for their Lee, in they Terri were told could not work. We further hold the Board’s find- ing directly leave work to attend this that Northeast dealt with an there questions employee mandatory subject was no reason had to be over a of col-

141 (1977). by substan- supported expressly lective is Chairman Battista re- Accordingly, respect holding tial with from evidence. frained “that information discharges of the em- suspensions gathering always is a basis for a work granted; for review is ployees, stoppage irrespective of the nature of the cross-application for enforce- the Board’s sought information or the duration of the granted respect ment is with to the issue stoppage.” work Beverage, 349 dealing. of direct N.L.R.B. at n. 12. 1168 He noted that the incident at issue in this ease occurred dur- So ordered. ing particularly “a vulnerable time for em- GARLAND, Judge, dissenting ployees Circuit in caught up who are in the transi- part: tion” a employer new that planned to and merge facility; close that “[t]he question presents This case difficult employees here getting were not answers regarding scope 7 of the Section to critical questions regarding whether Act, National Labor Relations 29 U.S.C. and, so, would retain employment if “Determining activity § 157. whether is be”; what their seniority pay would protected concerted and within the mean- “[t]hey and that absented themselves for 3 ing ‘implicates that Section is task ” hours to seek assurances these vital relations,’ expertise Board’s] [the matters.” Id. majority The Board further Board’s determination that an “[t]he urgency noted “the obvious of the drivers’ employee engaged protected has con- need for regarding information” activity certed is entitled to considerable whether would continue to be em- if it deference is reasonable.” Citizens ployed. Id. at 1168. And it found as facts NLRB, Corp. Inv. Servs. v. 430 F.3d that seeking the drivers were “to establish (D.C.Cir.2005) (quoting City NLRB v. were ‘more than names on a Inc., 822, 829, Disposal Sys., 465 U.S. ” list,’ thus “hop[ing] to influence their em- (1984)). So, S.Ct. 79 L.Ed.2d 839 ployer to retain them after the merger”; too, “interpretation is the Board’s of its requirements regarding precedent.” Corp. own Ceridian v. delivery drivers’ highly schedules “were NLRB, (D.C.Cir.2006) 435 F.3d flexible”; and that their three-hour ab- (internal omitted). quotation marks Of disruption sence caused little or no course, reasonable can differ minds about day’s Together, deliveries. Id. cir- these reasonable, certainly what is and I under- reasonably support cumstances my I colleagues’ stand reservations. But Board’s determination “that the drivers’ am unable to conclude that the Board’s protected activity conduct was as it was application of Section 7 to the facts of this directly ‘mutual aid’ related to a labor case was unreasonable. dispute anticipated closing of the —the The Board’s decision here was limited to facility drivers’ work and the associated “particular exigencies the case” effects-bargaining.” Id. at 1166. These setting footnote out the views of Chairman reasonably support circumstances also Battista, acquiescence whose in the Board’s conclusion the instant case is necessary Board’s order was to secure the distinguishable precedents from cited *9 majority. two-member Northeast Bever- Northeast. Id. at 1167-68.1 1166, age Corp., 349 N.L.R.B. n. No. 1168 (2007); States, 12 I Marks v. United 430 also conclude that there is substantial cf. 188, 193, 990, support “separate U.S. 97 S.Ct. 51 L.Ed.2d 260 evidence to Board’s 570, (1982) (ALJ Trucking Corp., Op.) (finding GK See 262 N.L.R.B. 573 that a failure to

142 day. on that to for their activities” finding” pursuant that Northeast “acted (Board 1193; Op.) at see id. at 1168 Id. employing significant plan to avoid (noting that “no driver had ever before at union-represented employees of number disciplined making for late deliver- been facility,” and that merged “[t]he Burt’s ies”). that, although It further showed by reasons advanced for sus- [Northeast] that repeatedly Northeast “told the Union pending discharging the drivers Bethel,] at jobs were not available [in refusing to consider and subsequently advertising time ... it was for driv- same at employment to hire them for refusing at 1192 newspapers.” ers in the local Id. pretextual, were and were asserted Burt’s (ALJ this Op.). “When confronted with an antiunion motive.” Id. at to conceal contradiction, president] said [Northeast’s (ALJ 6; Op.) 1166-67 n. see id. at 1198 people, a bla- the ads were for warehouse meet (concluding that Northeast failed to Similarly, tant untruth.” Id. the reason Line, Wright 251 its burden under hir- gave hearing Northeast at the for not (1980), N.L.R.B. to demonstrate that 1083 ing the former Vetrano drivers' —that “in it would have taken the same actions lived too far from Bethel —was contradict- employees’] member- the absence of [the ed the fact that Northeast hired other Union”). ship support in and for the The employees with commutes. Id. at similar testimony operations of Northeast’s con- 1192-93. This and other evidence is suffi- that, May sultant established “even before support cient to the conclusion that North- 29, 2002, did not want to hire [Northeast] “policy hiring east’s was to avoid Union- any of the drivers and did not Vetrano represented employees” and that the rea- recognize merged want to at the Union suspending, discharging, sons it offered for (Board facility” in Bethel. Id. at 1167 n. 6 refusing to hire them Bethel were (ALJ Op.); Op.). see id. at 1191-93 Sub- pretextual. Id. at 1193. stantial evidence showed “that under the 29, reasons, policies place foregoing at B. For the I would disciplined would not have the Northeast’s and enforce the [Northeast] Co., 9, report Washington attend a union Aluminum work to was 370 U.S. Unlike, unprotected urgency 1099, (1962). where there "was no S.Ct. 8 L.Ed.2d 298 which called for a worktime consultation with precedents, own we do not defer to the union officials and indeed no evidence that interpretation precedents Board’s problems actually work-related were dis- Supreme certainly Court. And it is true that cussed”); Lee, Inc., Terri N.L.R.B. distinguished the instant case can be from (1953) (finding employees' 562-64 ab- Aluminum, Washington which held that em- unprotected sence from work was where the ployees who left their because it was too employer "specifically” employ- warned the protected by cold were Section 7. But noth- it, against ees and where it was not for the ing Washington Aluminum forecloses the purpose seeking anything employ- from the finding Board that the from conduct in this Co., er); Coast Oil 97 N.L.R.B. Gulf protected, particularly given case was also (1952) (finding employees’ late ar- Court’s declaration that do not unprotected rival at work was where it “vio- right engage "lose their in concerted activi- employer’s] [the lated known established merely ties under because do not rule,” purpose engaging [work] was for present specific upon employ- demand activity "customarily in union that was done remedy objectiona- er to a condition find time,” during nonworking place took only Id. at ble.” 82 S.Ct. 1099. issue during merely employees’ work for the "own convenience”). before this court is the Board’s determination protected, that the drivers’ conduct was part, argues For its that the in- is a determination to which we must distinguishable Supreme stant case is from a Board, precedent Court cited NLRB v. defer if it is reasonable. *10 in full.2 Board’s order DELAWARE,

COUNTY OF PENNSYL-

VANIA, a Political Subdivision of the Pennsylvania,

Commonwealth et

al., Petitioners

v.

DEPARTMENT OF TRANSPOR- al.,

TATION, Respondents. et

No. 07-1385. Appeals,

United States Court

District of Columbia Circuit.

Argued Oct. 2008.

Decided Feb. 2009. opinion, supra. I would with re- sons stated in court’s spect dealing to the direct issue for the rea-

Case Details

Case Name: Northeast Beverage Corp. v. National Labor Relations Board
Court Name: Court of Appeals for the D.C. Circuit
Date Published: Jan 30, 2009
Citation: 554 F.3d 133
Docket Number: 07-1206, 07-1265
Court Abbreviation: D.C. Cir.
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