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INTERN. ASS'N OF MACH., DIST. LODGE 64 v. N.L.R.B.

No. 93-1767.

50 F.3d 1088 (1995)

INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, DISTRICT LODGE 64, AFL-CIO, AND ITS LOCAL LODGES 883, 1088 AND 1142, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Brown & Sharpe Manufacturing Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 7, 1995.

Attorney(s) appearing for the Case

Marc B. Gursky, argued the cause, for petitioner. With him, on the briefs, was Mark D. Schneider.

Frederick C. Havard, N.L.R.B., argued the cause, for respondent. With him on the brief, were Linda R. Sher, Acting Associate Gen. Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, and Richard A. Cohen, Atty., N.L.R.B.

Thomas C. Keeney, argued the cause, for intervenor. With him, on the brief, was William R. Powers, III.

Before: EDWARDS, Chief Judge, BUCKLEY and TATEL, Circuit Judges.

HARRY T. EDWARDS, Chief Judge:

At issue in this case is the standard by which the National Labor Relations Board ("NLRB" or "Board") determines whether a previously dismissed unfair labor practice charge may be reinstated based on fraudulently concealed evidence discovered after the six-month limitations period has run under the National Labor Relations Act ("NLRA" or "Act"). We first addressed this case in District Lodge...

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