United States DC Circuit

Petition for review, brought by the company that manages and produces the Las Vegas production of the Blue Man Group, of a decision by the NLRB in which it held that petitioner engaged in unfair labor practices by refusing to bargain with the union elected to represent certain employees is denied and the NLRB's cross-application for enforcement granted where: 1) respondent correctly applied the overwhelming-community-of-interest standard to determine whether the proposed bargaining unit was appropriate; 2) a determination, that musical instrument technicians (MIT) could be excluded from the bargaining unit because they do not share an overwhelming community of interest with stage crew employees included in the unit, was supported by substantial evidence and did not conflict with precedent or the NLRB's residual unit policy.

Appellate Information

• Argued 10/18/2007
• Decided 06/10/2008
• Published 06/10/2008

Judges

• Before:  GINSBURG, BROWN, and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Lawrence D. Levien argued the cause for petitioner.   With him on the briefs was Edward P. Lazarus., Michael A. Urban argued the cause and filed the brief for intervenor.


• For Appellees:
  
• Amy H. Ginn, 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 Jill A. Griffin, Supervisory Attorney.  Ruth E. Burdick, Attorney, entered an appearance.