United States DC Circuit

The NLRB should have considered a company's pre-contract evidence in support of claims that it refused to bargain based on a good-faith reasonable doubt of a union's majority status, and the administrative law judge erred in finding certain evidence "stale" and "unreliable."

Appellate Information

• Argued 03/07/2003
• Decided 06/20/2003
• Published 06/20/2003

Judges

• Before:  RANDOLPH and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Harry R. Stang argued the cause for petitioner.  Jamie L. Johnson was on the briefs.  Rodney F. Page, Tina R. Tyson and William C. Edgar entered appearances., Mark F. Wilson argued the cause for intervenor.  Ellen Greenstone and Richard Rosenblatt were on the brief.


• For Appellees:
  
• Kira Dellinger Vol, Attorney, National Labor Relations Board, argued the cause for respondent.   With her on the brief were Arthur F. Rosenfeld, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Sharon I. Block, Supervisory Attorney.  Jeffrey M. Hirsch, Counsel, entered an appearance.