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United States DC Circuit


Parkwood Dev. Center, Inc. v. Nat'l Labor Relations Bd., 07-1006

Petition for review of an NLRB order that determined that petitioner unlawfully withdrew recognition from an incumbent union upon expiration of its collective bargaining agreement is denied where: 1) the NLRB did not choose the wrong moment in time at which to measure employee support for the Union; and 2) the court has no jurisdiction over petitioner's challenge to the NLRB's bargaining order since petitioner did not correctly oppose the order before the Board.

Appellate Information

  • Argued 12/06/2007
  • Decided 04/11/2008
  • Published 04/11/2008

Judges

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

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • Charles P. Roberts, III argued the cause for petitioner.   With him on the briefs was Clifford H. Nelson, Jr., James D. Fagan, Jr. was on the brief for intervenor United Food and Commercial Workers International Union, Local 1996.

  • For Appellees:
  • William M. Bernstein, Senior 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, Linda Dreeben, Assistant General Counsel, and Meredith L. Jason, Supervisory Attorney.
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