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CIVIL SERV. EMPL. ASS'N, LOC. 1000 v. N.L.R.B.

Docket No. 07-5041-ag.

569 F.3d 88 (2009)

CIVIL SERVICE EMPLOYEES ASSOCIATION, LOCAL 1000, AFSCME, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Correctional Medical Services, Intervenor.

United States Court of Appeals, Second Circuit.

Decided: June 19, 2009.

Attorney(s) appearing for the Case

Harold Craig Becker (Nancy Hoffman, General Counsel, Miguel G. Ortiz, Senior Associate Counsel, Daren Rylewicz, Senior Associate Counsel, CSEA/AFSCME Local 1000, Albany N.Y., on the brief), Chicago, IL, for Petitioner Civil Service Employees Association, Local 1000, AFSCME.

Elizabeth A. Heaney, Attorney (Fred B. Jacob, Supervisory Attorney, Ronald Meisburg, General Counsel, John E. Higgins, Jr., Deputy General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General Counsel, on the brief), Washington, DC, for Respondent National Labor Relations Board.

Cynthia K. Springer, Baker & Daniels LLP, Indianapolis, IN, for Intervenor Correctional Medical Services, Inc.

Before LEVAL, POOLER, and B.D. PARKER, Circuit Judges.

B.D. PARKER, Jr., Circuit Judge:

This petition by the Civil Service Employees Association, Local 1000, AFSCME, requires us to consider whether the National Labor Relations Board offered a defensible construction of section 8 of the National Labor Relations Act when it upheld a health care institution's discharge of employees by reason of their having participated in picketing for the purpose of securing recognition of a union as their collective bargaining agent without...

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