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COASTAL DERBY REFINING CO. v. N.L.R.B.

No. 89-9514.

915 F.2d 1448 (1990)

COASTAL DERBY REFINING COMPANY, formerly known as Derby Refining Company, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner, Oil, Chemical & Atomic Workers International Union (AFL-CIO), Local 5-241, Intervenor.

United States Court of Appeals, Tenth Circuit.

October 4, 1990.

Attorney(s) appearing for the Case

Robert C. DeMoss, Houston, Tex., for petitioner/cross-respondent.

Paul Hitterman, Atty. (Joseph E. Desio, Acting Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, Charles Donnelly, Supervisory Atty., and Nancy B. Hunt, Attorney, on the brief), N.L.R.B., Washington, D.C., for respondent/cross-petitioner.

Donald J. Mares of McKendree, Toll & Mares; and John W. McKendree, Gen. Counsel, Oil Chemical and Atomic Workers Intern. Union, AFL-CIO, Denver, Colo., filed a brief for intervenor.

Before SEYMOUR, ANDERSON and BRORBY, Circuit Judges.

SEYMOUR, Circuit Judge.

Coastal Derby Refining Company has filed a petition for review in which it challenges the National Labor Relations Board's decision. The Board held that Coastal Derby violated sections 8(a)(5) and (1) of the National Labor Relations Act (NLRA), 29 U.S.C. §§ 158(a)(1) and (a)(5) (1988), and ordered Coastal Derby to bargain collectively with the Oil, Chemical and Atomic Workers International Union upon request. The Board has filed a...

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