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COLORADO-UTE ELEC. ASS'N, INC. v. N.L.R.B.

No. 89-9545.

939 F.2d 1392 (1991)

COLORADO-UTE ELECTRIC ASSOCIATION, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and International Brotherhood of Electrical Workers Local No. 111, Intervenor. National Association of Manufacturers, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

July 12, 1991.

Attorney(s) appearing for the Case

Gerard C. Smetana, of Abramson & Fox, Chicago, Ill., and Michael E. Avakian, Center on Nat. Labor Policy, Inc., North Springfield, Va. (James H. Delman, Asst. General Counsel, Colorado-Ute Elec. Ass'n, Montrose, Colo., with them on the briefs), for petitioner-appellant.

Robert F. Mace, Attorney, N.L.R.B. (Barbara A. Atkin, Supervisory Atty., Jerry M. Hunter, General Counsel, Robert E. Allen, Associate General Counsel, and Aileen A. Armstrong, Deputy Associate General Counsel, with him on the brief), Washington, D.C., for respondent-appellee.

Marsha B. Berzon, San Francisco, Cal. (Joseph M. Goldhammer, of Brauer Buescher, Valentine, Goldhammer & Kelman, P.C., Denver, Colo., and James B. Coppess, Washington, D.C., with her on the brief), for intervenor-appellee.

Avrum M. Goldberg, P.C. and Patricia A. Casey, of Akin, Gump, Strauss, Hauer & Feld, Washington, D.C., and Jan S. Amundson, General Counsel and Quentin Riegel, Deputy General Counsel, Nat. Ass'n of Mfrs., Washington, D.C., filed a brief on behalf of Nat. Ass'n of Mfrs., as Amicus Curiae.

Before SEYMOUR, TACHA and BRORBY, Circuit Judges.

SEYMOUR, Circuit Judge.

The National Labor Relations Board (NLRB) held that Colorado-Ute Electric Association (Colorado-Ute or Company) violated section 8(a)(5) and (1) of the National Labor Relations Act (NLRA), 29 U.S.C. § 158(a) (1988), by unilaterally implementing a merit wage plan after impasse. Colorado-Ute appeals the Board's decision and the NLRB cross-appeals for enforcement of the order. We reverse the decision of the NLRB and decline to enforce it...

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