United States DC Circuit

Order that union had become petitioner's employees' section 9(a) representative and that petitioner had violated section 8(a)(5) of the National Labor Relations Act by withdrawing recognition of the union, refusing to provide information to it, and unilaterally changing the terms and conditions of employment is upheld where a majority of employees voluntarily signed union authorization cards signifying their support of the union, and as petitioner recognized the union after it offered to provide evidence of its majority status it cannot revoke that recognition solely because it never took the union up on its offer.

Appellate Information

• Argued 10/13/2006
• Decided 12/01/2006
• Published 12/01/2006

Judges

• RANDOLPH, Circuit Judge., Before:  HENDERSON, RANDOLPH and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Michael E. Avakian argued the cause and filed the briefs for petitioner M & M Backhoe Service, Inc., Osnat K. Rind argued the cause and filed the briefs for petitioner International Union of Operating Engineers, Local 487, AFL-CIO.


• For Appellees:
  
• Gregory P. Lauro, Attorney, National Labor Relations Board, argued the cause for respondent.   With him on the brief were Ronald E. Meisburg, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Fred B. Jacob, Attorney.