COLORADO FIRE SPRINKLER, INC. v. N.L.R.B.

No. 16-1261 Consolidated with 16-1319.

891 F.3d 1031 (2018)

COLORADO FIRE SPRINKLER, INC., Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent Road Sprinkler Fitters Local Union No. 669, U.A., AFL-CIO, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 8, 2018.


Attorney(s) appearing for the Case

Thomas A. Lenz argued the cause for petitioner. With him on the briefs was L. Brent Garrett.

John N. Raudabaugh and Glenn M. Taubman were on the brief for amicus curiae Robert Blackwell in support of Colorado Fire Sprinkler, Inc.

Jeffrey W. Burritt , Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Richard F. Griffin, Jr. , General Counsel at the time the brief was filed, Jennifer Abruzzo , Deputy General Counsel at the time the brief was filed, John H. Ferguson , Associate Deputy Counsel, Linda Dreeben , Deputy Associate General Counsel, and Usha Dheenan , Supervisory Attorney.

William W. Osborne Jr. argued the cause and filed the brief for intervenor, Road Sprinkler Fitters Local Union 669, U.A., AFL-CIO.

Before: Rogers and Millett, Circuit Judges, and Randolph, Senior Circuit Judge.


MILLETT, Circuit Judge: When the Colorado Fire Sprinkler company's labor agreement with the Road Sprinkler Fitters Union expired, the Company announced that it would no longer recognize or negotiate with the Union as a representative of the Company's employees. The Company asserted a...

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