United States DC Circuit

In the National Labor Relations Board's petition for review of an order of the Federal Labor Relations Authority holding the Board engaged in an unfair labor practice, because it unlawfully refused to negotiate with the intervenor, the National Labor Relations Board Union, which the Authority had certified as the exclusive representative of a bargaining unit that included employees who reported to the Board and employees who reported to the General Counsel of the Board, the petition is granted where the inclusion of Board-side and General Counsel-side employees in a single bargaining unit conflicted with the separation of authority mandated by section 3(d) of its charter, the National Labor Relations Act, 29 U.S.C. section 153(d), by requiring the General Counsel to bargain jointly with the Board over his employees' conditions of employment.

Appellate Information

• Argued 01/21/2010
• Decided 07/26/2010
• Published 07/26/2010

Judges

• Douglas C. Ginsburg

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Howard S. Scher, Rosa M. Koppel