United States DC Circuit

Under 29 USC 158(a)(1), a pending merger agreement between competing unions regarding representations will not prevent the incumbent union from negotiating collective bargaining agreement with employer where it retains representation rights if merger fails.

Appellate Information

• Argued 12/05/2000
• Decided 08/10/2001
• Published 08/10/2001

Judges

• Before:  GINSBURG, Chief Judge, and WILLIAMS and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• William Gaus argued the cause for petitioner.   With him on the briefs was Craig E. Stewart.


• For Appellees:
  
• David A. Seid, Attorney, National Labor Relations Board, argued the cause for respondent.   With him on the brief were Leonard R. Page, General Counsel, and Aileen A. Armstrong, Deputy Associate General Counsel.   David S. Habenstreit, Attorney, entered an appearance., Intervenor Telecommunications International Union, California Local 103, filed a notice of adoption of respondent's brief.  M. Jane Lawhon and James E. Eggleston entered appearances for intervenor.