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

Nos. 01-1388, 01-1498.

294 F.3d 615 (2002)

OVERNITE TRANSPORTATION COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and International Brotherhood of Teamsters, Intervenor. National Labor Relations Board, Petitioner, v. Overnite Transportation Company, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided July 1, 2002.

Attorney(s) appearing for the Case

ARGUED: Christopher A. Johlie, Matkov, Salzman, Madoff & Gunn, Chicago, Illinois, for Overnite. William M. Bernstein, Senior Attorney, National Labor Relations Board, Washington, D.C., for Board. Marc Allen Stefan, Butsavage & Associates, P.C., Washington, D.C., for Intervenor. ON BRIEF: Kenneth T. Lopatka, Kenneth F. Sparks, Brian V. Alcala, Matkov, Salzman, Madoff & Gunn, Chicago, Illinois, for Overnite. Arthur F. Rosenfeld, General Counsel, John E. Higgins, Jr., Deputy General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, Frederick C. Havard, Supervisory Attorney, National Labor Relations Board, Washington, D.C., for Board. Carey R. Butsavage, Butsavage & Associates, P.C., Washington, D.C., for Intervenor.

Before NIEMEYER, LUTTIG, and KING, Circuit Judges.

Enforced by published opinion. Judge LUTTIG wrote the opinion, in which Judge NIEMEYER and Judge KING joined.

OPINION

LUTTIG, Circuit Judge.

Overnite Transportation Company is a trucking company that operates approximately 176 terminals in North America. Some local unions affiliated with the International Brotherhood of Teamsters filed petitions with the National Labor Relations Board seeking to represent employees at four of these terminals —...

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