Overnite Transportation Company v. National Labor Relations Board, International Brotherhood of Teamsters, Local 728, Intervenor
Court of Appeals for the D.C. Circuit
1Opinion of the Court
WALD, Circuit Judge:
This dispute arose out of a union election conducted at the Atlanta Service Center of Overnite Transportation Company (“Over-nite”) on April 17, 1995, by the National Labor Relations Board (“NLRB” or “Board”). The International Brotherhood of Teamsters, Local 728 (“union”) won the election by a wide margin. Nonetheless, Over-nite refused to bargain with the union on the grounds that the union had engaged in unlawful pre-election and election day video and photographic surveillance of employees and unlawful electioneering, thereby destroying the conditions required for a…
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