INTERN. UNION, UNITED AUTO., AEROSPACE & AG. v. N.L.R.B.

No. 84-1106.

765 F.2d 175 (1985)

INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW) and its Local 547, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Milwaukee Spring Division of Illinois Coil Spring Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 18, 1985.


Attorney(s) appearing for the Case

Michael B. Nicholson, Detroit, Mich., with whom Jordan Rossen and Laurence Gold, Washington, D.C., were on the brief, for petitioners.

Lawrence E. Blatnik, Atty., N.L.R.B., Washington, D.C., with whom John D. Burgoyne, Asst. Gen. Counsel, Wilford W. Johansen, Acting Gen. Counsel and Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C., were on the brief, for respondent.

Gerard C. Smetana, Chicago, Ill., with whom Joseph J. Hahn, Chicago, Ill., was on the brief, for intervenor Milwaukee Spring Div. of Illinois Coil Spring Co. Gary L. Starkman, Chicago, Ill., entered an appearance for intervenor.

Peter G. Nash, Dixie L. Atwater and Stephen A. Bokat, Washington, D.C., were on the brief for amicus curiae, Chamber of Commerce of the United States, urging affirmance.

Before ROBINSON, Chief Judge, and EDWARDS and SCALIA, Circuit Judges.


Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

This case presents the narrow question whether, during the term of a collective bargaining agreement, section 8(d) of the National Labor Relations Act1 ("NLRA" or "Act") prohibits an employer from advising union bargaining agents that part of the company's operations might be relocated unless the union agrees to midterm contract concessions...

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