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INTERN. UNION OF ELECTRONIC ET AL. WORKERS v. NLRB

Nos. 93-1373, 93-1380 and 93-1381.

41 F.3d 1532 (1994)

INTERNATIONAL UNION OF ELECTRONIC, ELECTRICAL, SALARIED, MACHINE AND FURNITURE WORKERS, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Lawrence R. Ferriso, Intervenor. Lawrence R. FERRISO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, International Union of Electronic, Electrical, Salaried, Machine and Furniture Workers, AFL-CIO, Intervenor. ENGINEERS UNION, LOCAL 444, INTERNATIONAL UNION OF ELECTRONIC, ELECTRICAL, SALARIED, MACHINE AND FURNITURE WORKERS, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, International Union of Electronic, Electrical, Salaried, Machine and Furniture Workers, AFL-CIO; Lawrence R. Ferriso, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 16, 1994.

Attorney(s) appearing for the Case

Laurence Gold, Washington, DC, argued the cause for petitioner Intern. Union of Electronic, Elec., Salaried, Mach. and Furniture Workers, AFL-CIO. With him on the briefs were James G. Mauro, Jr., James Coppess, Mark Schneider, Robert Friedman, and Sheldon Engelhard.

Hugh L. Reilly, New York City, argued the cause and filed the briefs for petitioner Lawrence R. Ferriso.

Frederick C. Havard, Atty., N.L.R.B., Washington, DC, argued the cause for respondent. With him on the brief were Linda Sher, Acting Associate Gen. Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, and Jill A. Griffin, Atty., N.L.R.B. Frederick L. Cornell entered an appearance.

Before: EDWARDS, Chief Judge, SENTELLE and ROGERS, Circuit Judges.

Opinion for the Court filed by Chief Judge EDWARDS.

HARRY T. EDWARDS, Chief Judge:

The International Union of Electronic, Electrical, Salaried, Machine and Furniture Workers and its Local 444 (collectively "IUE" or "Union") petition for review of a National Labor Relations Board ("NLRB" or "Board") order holding that the Union breached its duty of fair representation in violation of section 8(b)(1)(A) of the National Labor Relations Act ("NLRA" or "Act"),...

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