United States DC Circuit

Theater was properly found to have violated the National Labor Relations Act when, upon expiration of its collective bargaining agreements with stagehand labor union, it unilaterally declared an impasse, withdrew from further bargaining, and thereafter refused to hire stagehands referred by the union. In affirming NLRB's decision, the court finds that: 1) union was the "exclusive representative" of the stagehand employees as defined by the Act, and theater was therefore required to continue bargaining with union upon contract expiration; 2) theater did not qualify for the "construction industry" exception to the requirement of continued bargaining; 3) theater's argument that the union lacked majority support of the employees was time-barred; and 4) the union's subsequent merger with another union did not absolve theater of its obligations.

Appellate Information

• Argued 10/24/2008
• Decided 12/30/2008
• Published 12/30/2008

Judges

• Before ROGERS, GARLAND, and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Charles P. Roberts III argued the cause for petitioner.   With him on the briefs were Robert J. Janowitz and Kimberly Seten.


• 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, Linda Dreeben, Deputy Associate General Counsel, and Jill A. Griffin, Attorney.