United States Fifth Circuit

In the NLRB's petition for enforcement of its order requiring respondent to bargain with a union over the effects of its layoff of bargaining unit workers following Hurricane Rita and its hiring of non-unit personnel to fill jobs formerly held by unit workers, the petition is granted where: 1) respondent's failure to provide the union adequate notice of its actions requiring bargaining made it impossible for the union to have waived bargaining; and 2) the company's constant maintenance of its position that it had lawfully withdrawn its recognition of the union as the unit employees' bargaining agent freed the union from any responsibility to request bargaining.

Appellate Information

• Decided 12/09/2009
• Published 12/09/2009

Judges

• DENNIS, Circuit Judge:, Before GARWOOD, DAVIS and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Linda Dreeben, Asst. Gen. Counsel, Elizabeth Ann Heaney (argued), Meredith Lee Jason, NLRB, Washington, DC, Rodney D. Johnson, NLRB, New Orleans, LA, for NLRB.


• For Appellees:
  
• Edward J. Fonti (argued), Jones, Tete, Nolen, Fonti & Belfour, Lake Charles, LA, for Respondent.