Court of Appeals for the Tenth Circuit August 14, 1996, 95-9528 (Teamsters Local Union No. 435, Affiliated With the International Brotherhood of Teamsters, Afl-Cio v. National Labor Relations Board)

LIVELY, Circuit Judge.

A union petitions for review of a decision of the National Labor Relations Board (the Board) finding that the union violated the duty of fair representation in “negotiating, performing and giving effect to” a collective bargaining agreement. The Board has filed a cross-application for enforcement.