United States DC Circuit

Evidence supports the determination that the Port Captains, Assistant Port Captains, and Port Engineers in the contested bargaining unit are "employees" under the National Labor Relations Act, and that petitioner violated the Act by refusing to recognize, bargain with, and provide information sought by the Union.

Appellate Information

• Argued 02/12/2004
• Decided 04/02/2004
• Published 04/02/2004

Judges

• Before:  EDWARDS, GARLAND and ROBERTS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Steven M. Swirsky argued the cause for petitioner.   With him on the briefs were Elliot Jay Mandel and Michael F. McGahan., Herzl S. Eisenstadt argued the cause for intervenor.   With him on the brief were Ernest L. Mathews, Jr. and John P. Sheridan.  Elizabeth A. Alexander entered an appearance.


• For Appellees:
  
• Ruth E. Burdick, 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 Frederick L. Cornnell, Jr., Supervisory Attorney.