United States DC Circuit
Dean Transp., Inc. v. Nat'l Labor Relations Bd., 07-1262, 07-1313, 07-1314
When Petitioner, a bus transportation-provider, took control of a single facility that provides transportation for a large public school district, and retained a majority of that facility's employees, its refusal to recognize the employees' longstanding union violated the NLRA. The successorship doctrine continued to apply even though the status of the employees changed from public-sector to private-sector as a result of the district's outsourcing.
Appellate Information
- Argued 10/03/2008
- Decided 01/09/2009
- Published 01/09/2009
Judges
- Before: HENDERSON and GARLAND, Circuit Judges, and RANDOLPH, Senior Circuit Judge.
Court
- United States DC Circuit
Counsel
- For Appellant:
- David E. Khorey argued the cause for petitioner. With him on the briefs was Kurt M. Graham., Michael L. Fayette filed the brief on behalf of Dean Transportation Employees Union, incorporating by reference the brief of petitioner Dean Transportation, Inc., Thomas Goldstein and Patrick J. Wright were on the brief for amici curiae Kent Intermediate School District, et al. in support of petitioner., Fillipe Iorio argued the cause and filed the brief for intervenor Grand Rapids Educational Support Personnel Association.
- For Appellees:
- Heather S. Beard, 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, Deputy Associate General Counsel, and Meredith L. Jason, Supervisory Attorney.