United States DC Circuit

An order of the National Relations Board (NLRB) finding that petitioner committed an unfair labor practice is remanded for further proceedings where the Board erred in applying its "due diligence" standard, used to permit an untimely election challenge based on newly discovered evidence, to the facts of the case.

Appellate Information

• Argued 11/08/2005
• Decided 06/23/2006
• Published 06/23/2006

Judges

• Before:  HENDERSON and GRIFFITH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellees:
  
• Peter D. Stergios argued the cause for the petitioner/cross-respondent.   Patrick M. Collins was on brief., Stacy G. Zimmerman, Attorney, National Labor Relations Board, argued the cause for the respondent/cross-applicant.  Arthur F. Rosenfeld, Acting General Counsel, Margery E. Lieber, Acting Assistant General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Jill A. Griffin, Attorney, National Labor Relations Board, were on brief.