United States DC Circuit

In a dispute over whether the National Labor Relations Act bars a university's faculty from organizing a bargaining unit, a university's petition for review is granted, and the National Labor Relations Board's cross-application for enforcement is denied without prejudice, where the Regional Director and the Board failed to adequately explain why the faculty's role at the university was not managerial.

Appellate Information

• Argued 01/17/2006
• Decided 08/01/2006
• Published 08/01/2006

Judges

• Before:  SENTELLE, RANDOLPH and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Arnold E. Perl argued the cause and filed the briefs for petitioner., Edward A. Brill argued the cause for amici curiae American Council on Education, et al. in support of petitioner.   With him on the brief was Lawrence Lorber., James B. Coppess argued the cause for intervenor.   With him on the brief was Joseph J. Pass.


• For Appellees:
  
• Daniel A. Blitz, Attorney, National Labor Relations Board, argued the cause for respondent.   With him on the brief were Arthur F. Rosenfeld, Acting General Counsel at the time the brief was filed, John H. Ferguson, Assistant General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Meredith L. Jason, Supervisory Attorney.