United States DC Circuit

Petition for review of the NLRB's determination that Petitioner engaged in unfair labor practices is granted where the NLRB: 1) had only two members when it issued the order; and 2) lacked the statutorily required quorum of three members.

Appellate Information

• Argued 12/04/2008
• Decided 05/01/2009
• Published 05/01/2009

Judges

• Before: SENTELLE, Chief Judge, TATEL, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

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 B. Coppess argued on the cause for intervenor.   With him on the brief was James D. Fagan, Jr.


• For Appellees:
  
• Ruth E. Burdick, Attorney, National Labor Relations Board, argued the cause for respondent.   With her on the brief were Julie Broido, Supervisory Attorney, and Jacob Frisch, Attorney.  Ronald Meisburg, General Counsel, John E. Higgins, Jr., Deputy General Counsel, John H. Ferguson, Associate General Counsel, and Linda Dreeben, Deputy Associate General Counsel also entered an appearance.