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HAMMONTREE v. N.L.R.B.

No. 89-1137.

894 F.2d 438 (1990)

Paul HAMMONTREE, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 23, 1990.

Rehearing Granted March 30, 1990.

Attorney(s) appearing for the Case

Paul Alan Levy with whom Alan B. Morrison and Arthur L. Fox II, Washington, D.C., were on the brief, for petitioner.

Paul J. Spielberg, Deputy Asst. Gen. Counsel, NLRB, with whom Joseph E. Desio, Acting Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, and Aileen A. Armstrong, Deputy Associate Gen. Counsel, NLRB, Washington, D.C., were on the brief, for respondent.

David P. Jaqua, New Orleans, La., for intervenor, Consolidated Freightways Corp. of Del.

Before WALD, Chief Judge, MIKVA, Circuit Judge, and GESELL, District Judge.

Rehearing En Banc Granted March 30, 1990.

MIKVA, Circuit Judge:

The National Labor Relations Board ("NLRB" or "the Board") insists that it may require an individual employee who files an unfair labor practice ("ULP") complaint against his employer to present his grievance to an arbitration committee pursuant to his union's collective bargaining agreement with his employer. We find that Congress did not contemplate such a deferral of individual ULP claims to...

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