United States DC Circuit

Petition for review of respondent's decision that petitioner, which withdrew recognition from an incumbent union after receiving a disaffection petition purportedly supported by a majority of employees in the bargaining unit, failed to meet its burden of proving that the union had actually lost majority support, is denied over claims that respondent erred both procedurally and substantively in applying the standard set forth in Levitz Furniture Co., 333 NLRB 717 (2001).

Appellate Information

• Decided 12/15/2006
• Published 12/15/2006

Judges

• Before:  HENDERSON, GARLAND, and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Harry J. Secaras argued the cause and filed the briefs for petitioner.


• For Appellees:
  
• David A. Seid, 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 Robert J. Englehart, Attorney.  Steven B. Goldstein, Attorney, entered an appearance.