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163686P.pdf   03/26/2018  International Alliance  v.  NLRB
   U.S. Court of Appeals Case No:  16-3686
                          and No:  16-3940
   National Labor Relations Board   
[PUBLISHED] [Smith, Author, with Gruender and Benton, Circuit Judges] Petition for Review - National Labor Relations Board. The Board followed its discretionary guidelines for interstate impact in determining that it had jurisdiction over the employer; the Board did not err in determining that the union operated an exclusive hiring hall with respect to the two employers involved in this matter; the Board did not err in finding that the union's decision to suspend seven employees from the referral list was an unfair labor practice as the union failed to show the suspensions were necessary for effective constituent representation; the Board did not err in finding that the union's refusal to refer two members to a particular job was an unfair labor practice as the union failed to meet its burden to show that the decision was necessary to the effective performance of its representative function; the Board did not err in finding the union had discriminated against nonmembers in maintaining its referral list; Board's conclusion that the union's 10(b) defense was without merit is affirmed.