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U-Haul Co. of NV, Inc vs. Nat'l Labor Review Bd., 05-1464

After a NLRB decision directing a company to recognize and bargain with a union, the company's petition for review is denied over petitioner's arguments that: 1) the General Counsel of the NLRB abused his discretion in refusing to consolidate this case with another case involving the same parties; and 2) because the union upset the "laboratory conditions" necessary for a valid representation election, petitioner's refusal to bargain with the union did not violate the National Labor Relations Act.

Appellate Information

  • Argued 12/04/2006
  • Decided 06/22/2007
  • Published 06/22/2007

Judges

  • Before:  GINSBURG, Chief Judge, and HENDERSON and GARLAND, Circuit Judges.

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • George D. Adams argued the cause for petitioner.   With him on the briefs were Richard S. Cleary and William C. Vail, Jr., David A. Rosenfeld was on the brief for intervenor International Association of Machinists and Aerospace Workers, Local Lodge 845.

  • For Appellees:
  • David A. Fleischer, Senior Attorney, National Labor Relations Board, argued the cause for respondent.   With him on the brief were Ronald E. Meisburg, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Meredith Jason, Attorney.

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