United States Third Circuit

Since the NLRA does not apply outside the territorial jurisdiction of the US, the Board lacked jurisdiction over alleged unfair labor practices involving US employees temporarily detailed to Canada.

Appellate Information

• Decided 04/22/2004
• Published 04/22/2004

Judges

• McKEE, Circuit Judge., Before:  McKEE and GREENBERG, Circuit Judges, and LIFLAND, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Steven R. Semler, Esq. (Argued), Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Washington, D.C., for Asplundh Tree Expert Company., Arthur R. Rosenfeld, Esq., General Counsel, National Labor Relations Board, John E. Higgins, Jr., Esq., Deputy General Counsel, John H. Ferguson, Esq., Associate General Counsel, Aileen A. Armstrong, Esq., Deputy Associate General Counsel, Charles Donnelly, Esq., Supervisory Attorney, John R. McIntyre, Esq. (Argued) Attorney, National Labor Relations Board, Washington, D.C., for National Labor Relations Board.