United States Eighth Circuit

The Board did not abuse its discretion in determining there were no unusual circumstances justifying the employer's motion to withdraw a stipulation defining the appropriate bargaining unit for an impending representation election; the "unusual circumstances" standard should be evaluated in the context of the principles of contract law rescission.

Appellate Information

• Decided 04/09/2004
• Published 04/09/2004

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, McMILLIAN and BEAM, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellees:
  
• Arthur F. Rosenfeld, argued, Washington, D.C. (Robert J. Englehart, John R. McIntyre, John E. Higgins, Jr., John H. Ferguson, and Aileen A. Armstrong, on the brief), for petitioner/cross-respondent., Timothy J. Sarsfield, argued, St. Louis, Missouri (Richard E. Jaudes and Stephen D. Smith, on the brief), for respondent/cross-appellee.