United States Fourth Circuit

NLRB's application for enforcement of a decision ordering respondent-employer to recognize union is denied, and employer's cross-petition for review granted, where: 1) employer advanced substantial objective evidence, consistent with the standard articulated in Levitz Furniture Co. of the Pacific, 333 N.L.R.B. 717, 725 (2001), and sufficient to demonstrate that, more likely than not, production employees no longer supported the union; and 3) General Counsel of the Board did not challenge or contradict the evidence.

Appellate Information

• Decided 07/25/2008
• Published 07/25/2008

Judges

• Before WILLIAMS, Chief Judge, NIEMEYER, Circuit Judge, and ALEXANDER WILLIAMS, JR., United States District Judge for the District of Maryland, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• ARGUED:  Elizabeth Brooks Scherer, Smith & Moore, LLP, Raleigh, North Carolina, for B.A. Mullican Lumber and Manufacturing Company.  William M. Bernstein, National Labor Relations Board, Washington, D.C., for the Board.   ON BRIEF:  George J. Oliver, Smith & Moore, LLP, Raleigh, North Carolina, for B.A. Mullican Lumber and Manufacturing Company.  Ronald Meisburg, General Counsel, John E. Higgins, Jr., Deputy General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General Counsel, Jill A. Griffin, Supervisory Attorney, National Labor Relations Board, Washington, D.C., for the Board.