United States Ninth Circuit

In a petition for review of an NLRB order denying a union backpay, the petition is denied, where the merger at issue was a "core business decision," rather than an effort to reduce the target company's labor costs, and thus did not trigger the acquirer's obligation to bargain under the NLRA.

Appellate Information

• Argued 02/11/2009
• Decided 04/20/2009
• Published 04/20/2009

Judges

• Before RONALD M. GOULD, JAY S. BYBEE, and TIMOTHY M. TYMKOVICH, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Gilbert A. Cornfield, Cornfield and Feldman, Chicago, IL, for the petitioner., Michael F. McGahan and Donald Krueger, Epstein Becker & Green, P.C., New York, NY;  Joseph D. Miller, Epstein Becker & Green, P.C., San Francisco, CA, for the intervenor.


• For Appellees:
  
• Robert J. Englehart and Daniel A. Blitz, National Labor Relations Board, Washington, DC, for the respondent.