SEATTLE OPERA v. N.L.R.B.

No. 01-1127.

292 F.3d 757 (2002)

SEATTLE OPERA, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner. American Guild of Musical Artists, AFL-CIO, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 11, 2002.


Attorney(s) appearing for the Case

Richard L. Cys argued the cause for the petitioner. Thomas A. Lemly was on brief.

Usha Dheenan, Attorney, National Labor Relations Board, argued the cause for the respondent. Arthur F. Rosenfeld, General Counsel, John E. Higgins, Jr., Deputy General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Margaret A. Gaines, Attorney, National Labor Relations Board, were on brief.

Melissa J. Auerbach argued the cause for the intervenor. Michael Hill Holland entered an appearance.

Before: HENDERSON, RANDOLPH and ROGERS, Circuit Judges.


Opinion for the court filed by Circuit Judge HENDERSON.

Dissenting opinion filed by Circuit Judge RANDOLPH.

KAREN LeCRAFT HENDERSON, Circuit Judge:

The Seattle Opera (Opera) petitions for review of a February 8, 2001 decision and order of the National Labor Relations Board (Board or NLRB). See Seattle Opera Ass'n & Am. Guild of Musical Artists, Case 19-CA-27288 (Feb. 8, 2001). In the order, the Board held that the Opera's refusal to bargain...

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