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LOCAL 666 v. N.L.R.B.

No. 89-1533.

904 F.2d 47 (1990)

LOCAL 666, INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES AND MOVING PICTURES MACHINE OPERATORS OF the UNITED STATES AND CANADA (AFL-CIO), Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided May 29, 1990.

Attorney(s) appearing for the Case

Bernard Mamet, with whom Paul T. Berkowitz, Chicago, Ill., was on the brief, for petitioner.

Joseph A. Oertel & Christopher W. Young, Counsel NLRB, with whom Jerry M. Hunter, General Counsel NLRB, Robert E. Allen, Associate General Counsel NLRB, and Aileen A. Armstrong, Washington, D.C., Deputy Associate General Counsel NLRB, were on the brief, for respondent.

Before WALD, Chief Judge, and MIKVA and BUCKLEY, Circuit Judges.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

The sole issue raised by this petition is whether a proposal submitted by Petitioner's employer during collective bargaining negotiations concerned a change in work jurisdiction or a change in the scope of the bargaining unit. The former may be pressed to impasse under the National Labor Relations Act (29 U.S.C. §§ 158(a)(5), (d), "the Act"); the latter may not. If a legitimate...

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