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CHELSEA INDUSTRIES, INC. v. N.L.R.B.

No. 00-1443.

285 F.3d 1073 (2002)

CHELSEA INDUSTRIES, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW, Intervenor for Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided April 12, 2002.

Attorney(s) appearing for the Case

Donald H. Scharg argued the cause for petitioner. On the briefs were Steven J. Fishman and Thomas A. Pinch.

Aileen A. Armstrong, Deputy Associate General Counsel, National Labor Relations Board, argued the cause for respondent. With her on the brief were Arthur F. Rosenfeld, General Counsel, John H. Ferguson, Associate General Counsel, and Joan E. Hoyte-Hayes, Attorney. Frederick Havard, Supervisory Attorney, entered an appearance.

James B. Coppess argued the cause for intervenor. With him on the brief was Laurence Gold.

Before: GINSBURG, Chief Judge, SENTELLE and RANDOLPH, Circuit Judges.

Opinion for the court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

Under longstanding precedent of the National Labor Relations Board, an employer may not, for a year after a union is certified as the bargaining representative of its employees, withdraw recognition of the union on the ground that it has lost its majority support among the employees. Chelsea Industries, Inc. petitions for review of the Board's decision extending this rule to prohibit...

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