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NORTH AMERICAN VAN LINES, INC. v. N.L.R.B.

No. 88-1209.

869 F.2d 596 (1989)

NORTH AMERICAN VAN LINES, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided March 3, 1989.

Attorney(s) appearing for the Case

David N. Shane, Indianapolis, Ind., of the bar of Indiana, pro hac vice, by special leave of Court, with whom James H. Heffernan, Washington, D.C., was on the brief, for petitioner.

Fred L. Cornnell, Atty., N.L.R.B., with whom Aileen A. Armstrong, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C., was on the brief, for respondent. Susan L. Williams and Collis Suzanne Stocking, Attys., N.L.R.B., Washington, D.C., also entered appearances for respondent.

Daniel R. Barney and Robert Digges, Jr., Alexandria, Va., were on the brief for amicus curiae American Trucking Associations, Inc., urging reversal.

Before ROBINSON, STARR and BUCKLEY, Circuit Judges.

Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

North American Van Lines, a company that transports goods by truck, petitions to review the determination of the National Labor Relations Board that the company committed an unfair labor practice through its role in creating and supporting an "Advisory Council," comprised of management officials and drivers who carry its loads. See 29 U.S.C. § 158(a)(2) (1982) ("It shall...

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