United States Fourth Circuit

Where actions of employees were coercive and attributable to a union, and those actions had a probable and material effect upon the votes of employees in a certification election, the election in which the union prevailed was rendered invalid.

Appellate Information

• Argued 05/07/2002
• Decided 07/12/2002
• Published 07/12/2002

Judges

• Before WILLIAMS, TRAXLER, and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Walter Odell Lambeth, Jr., Elarbee, Thompson, Sapp & Wilson, L.L.P., Atlanta, Georgia, for Respondent.  Fred B. Jacob, National Labor Relations Board, Washington, D.C., for Petitioner.   ON BRIEF:  Jeffrey S. Hiller, Elarbee, Thompson, Sapp & Wilson, L.L.P., Atlanta, Georgia, for Respondent.  Arthur F. Rosenfeld, General, John E. Higgins, Jr., Acting Deputy General, John H. Ferguson, Associate General, Aileen A. Armstrong, Deputy Associate General, Charles Donnelly, Supervisory Attorney, National Labor Relations Board, Washington, D.C., for Petitioner.