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UNITED ELEC., RADIO AND MACH. WORKERS OF AMERICA (UE) v. N.L.R.B.

No. 92-1791.

986 F.2d 70 (1993)

UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA (UE), Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Newell Porcelain Company, Incorporated, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided February 16, 1993.

Attorney(s) appearing for the Case

Mary E. Leary, Gen. Counsel, United Elec., Radio and Machine Workers of America, Pittsburgh, PA, argued, for petitioner.

Angela Washington, N.L.R.B., Washington, DC, argued (Jerry M. Hunter, Gen. Counsel, Yvonne T. Dixon, Acting Deputy Gen. Counsel, Nicholas E. Karatinos, Acting Associate Gen. Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, Charles Donnelly, Supervisory Atty., Vincent J. Falvo, Jr., on the brief), for respondent.

Victor T. Geraci, Buckingham, Doolittle & Burroughs, Cleveland, OH, argued (John T. Billick, on the brief), for intervenor.

Before WILKINSON and NIEMEYER, Circuit Judges, and MORGAN, United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

WILKINSON, Circuit Judge:

This petition for review of a National Labor Relations Board order raises questions about an employer's duty to bargain with a union when confusion exists over whether the demand to bargain has been made by the certified bargaining representative. The NLRB found that the employer did not have to bargain when it became confused about whether the demand to bargain came from a union's local affiliated chapter, which was the...

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