United States Fifth Circuit

Employer's petition for review of a decision and order of the NLRB concluding it violated various provisions of the National Labor Relations Act, and imposing a remedial bargaining order among other remedies, is affirmed and the order enforced where: 1) the imposition of a Gissel Order at petitioner's Nogales facility was appropriate as the NLRB's findings were supported by substantial evidence; and 2) the NLRB appropriately considered and rejected alleged "changed circumstances" by petitioner.

Appellate Information

• Decided 11/07/2007
• Published 11/08/2007

Judges

• EMILIO M. GARZA, Circuit Judge:, Before KING, GARZA and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Steven Lee Hughes, Mark Dalton Dore, Mounce, Green, Myers, Safi, Paxson & Galatzan, El Paso, TX, Greg J. Tucek, Thomas John Kennedy (argued), Sherman & Howard, Phoenix, AZ, for California Gas Transport, Inc., Linda Jill Dreeben, Steven Brian Goldstein (argued), Fred Barry Jacob, NLRB, Washington, DC, Cornele A. Overstreet, NLRB, Phoenix, AZ, for NLRB.