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McDONNELL DOUGLAS CORP. v. N.L.R.B.

No. 94-1300.

59 F.3d 230 (1995)

McDONNELL DOUGLAS CORPORATION, and its Related Divisions, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided July 18, 1995.

Attorney(s) appearing for the Case

James N. Adler, Los Angeles, CA, argued the cause, for petitioners. With him on the briefs was Thomas V. Reichert, Los Angeles, CA.

David S. Habenstreit, Atty., N.L.R.B., Washington, DC, argued the cause, for respondent. With him on the brief were Aileen A. Armstrong, Deputy Associate Gen. Counsel, Frederick L. Feinstein, Gen. Counsel, and Linda R. Sher, Acting Associate Gen. Counsel, N.L.R.B., Washington, DC. Peter D. Winkler, Supervisory Atty., N.L.R.B., Washington, DC, entered an appearance.

Before: STEPHEN F. WILLIAMS, HENDERSON and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

After transferring certain employees from one corporate division to another, McDonnell Douglas reclassified them out of a bargaining unit represented by Southern California Professional Engineering Association ("SCPEA" or the "union"), invoking its 1987 collective bargaining agreement and later elaborations of the agreement as support for both the procedure...

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