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WOLGAST CORP. v. N.L.R.B.

Nos. 01-1904, 01-2056.

349 F.3d 250 (2003)

WOLGAST CORPORATION, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner.

United States Court of Appeals, Sixth Circuit.

Decided and Filed September 16, 2003.

Attorney(s) appearing for the Case

David J. Masud (argued and briefed), Kraig M. Schutter (briefed), Masud, Gilbert & Patterson, Saginaw, MI, for Petitioner.

David Habenstreit (briefed), National Labor Relations Board, Washington, DC, Aileen A. Armstrong (briefed), Dep. Asso. Gen. Counsel, Washington, DC, Charles P. Donnelly, Jr., National Labor Relations Board Appellate Court Branch, Washington, DC, Joseph P. Canfield, National Labor Relations Board Region Seven, Detroit, MI, Ruth Burdick (argued and briefed), National Labor Relations Board Appellate Court Branch, for Respondent.

Before MERRITT and DAUGHTREY, Circuit Judges; RUSSELL, District Judge.

OPINION

MERRITT, Circuit Judge.

The central issue in this case is whether nonemployee union representatives of the organized employees of a construction subcontractor, whose collective bargaining agreement contains a union access clause, can be categorically barred from a construction jobsite by the contractor with the asserted property interest. Wolgast Corporation petitions this Court for review of the order of...

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