United States DC Circuit

Petition for review of an NLRB order stating that a university unlawfully refused to bargain with the certified union representative is denied where the NLRB did not abuse its discretion in applying its non-relitigation rule to the university's claimed reliance upon a mistake of fact.

Appellate Information

• Argued 12/10/2007
• Decided 01/25/2008
• Published 01/25/2008

Judges

• Before:  ROGERS, TATEL and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Terence M. O'Neil argued the cause for petitioner.   On the briefs was Raymond J. Pascucci.


• For Appellees:
  
• Elizabeth A. Heaney, Attorney, National Labor Relations Board, argued the cause for respondent.   With her on the brief were Ronald E. Meisburg, General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Assistant General Counsel, and Fred B. Jacob, Supervisory Attorney.