N.L.R.B. v. OVERNITE TRANSP. CO.

No. 90-2941.

938 F.2d 815 (1991)

NATIONAL LABOR RELATIONS BOARD, Petitioner, and Local 705, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO, Intervening Petitioner, v. OVERNITE TRANSPORTATION COMPANY, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided August 7, 1991.


Attorney(s) appearing for the Case

Charles P. Donnelly, Jr., N.L.R.B., Contempt Litigation Branch, Washington, D.C., Elizabeth Kinney, N.L.R.B., Region 13, Chicago, Ill., Aileen A. Armstrong, William A. Baudler (argued), N.L.R.B., Appellate Court, Enforcement Litigation, Washington, D.C., and John F. Ward and Sheldon M. Charone (argued), Carmell, Charone, Widmer, Mathews & Moss, Chicago, Ill., for petitioners.

John O. Pollard (argued), Blakeney, Alexander & Machen, Charlotte, N.C., for respondent.

Before WOOD, Jr., COFFEY and KANNE, Circuit Judges.


HARLINGTON WOOD, Jr., Circuit Judge.

It would be an understatement to say that Overnite Transportation Company was not thrilled with the prospect of unionization. The more difficult question, and the one presented by this petition for enforcement, is whether Overnite went beyond permissible bounds in expressing that lack of enthusiasm. Specifically, did statements during the course of a Union1 organizational drive "interfere with, restrain...

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