# United Parcel Service, Inc. v. National Labor Relations Board

> Court of Appeals for the D.C. Circuit · August 20, 1996 · 92 F.3d 1221

URL: https://www.frixlaw.com/law-library/cases/6941289

## Case

- **Full name:** UNITED PARCEL SERVICE, INC. v. NATIONAL LABOR RELATIONS BOARD, International Brotherhood of Teamsters and Teamsters UPS National Negotiating Committee, Intervenors
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** August 20, 1996
- **Citations:** 92 F.3d 1221; 320 U.S. App. D.C. 80
- **Precedential status:** Published
- **Opinion:** Concurrence by Henderson
- **Judges:** Henderson, Sentelle, Wald
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6941289

## Opinion text

KAREN LeCRAFT HENDERSON, Circuit Judge,
concurring:
Because I agree with my colleagues that the NLRB was not required to consult the NMB and that the petitioner is subject to the NLRB’s regulation under the NLRA, I concur. I do so, however, without regard to the question of deference. In my opinion, neither conclusion has anything to do with deference to the agencies involved. We are faced here with a simple jurisdictional question: Does the petitioner perform a “trucking service,” thereby coming within the RLA’s clear and explicit exception. We all agree that it does. .To the extent that our decision rests on our own reading of the statutory language, I am pleased to join it.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6941289. Public record. Not legal advice.