United States DC Circuit

Plaintiff properly raised its objections before the NLRB before seeking judicial review, and the Board's decision that plaintiff violated section 8(a)(1) and (5) of the Act when it withdrew its recognition of the union as the exclusive bargaining representative of its employees, is not based on substantial evidence.

Appellate Information

• Argued 02/06/2003
• Decided 06/27/2003
• Published 06/27/2003

Judges

• Before:  EDWARDS, SENTELLE and HENDERSON, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Howard S. Linzy argued the cause for the petitioner.  Robert Lombardi was on brief for the petitioner.


• For Appellees:
  
• Ruth E. Burdick, Attorney, National Labor Relations Board, argued the cause for the respondent.  Arthur F. Rosenfeld, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Margaret A. Gaines, Attorney, were on brief for the respondent.