CAPITOL STEEL AND IRON CO. v. N.L.R.B.

No. 95-9526.

89 F.3d 692 (1996)

CAPITOL STEEL AND IRON COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Tenth Circuit.

July 10, 1996.


Attorney(s) appearing for the Case

Charles W. Ellis (W. Davidson Pardue, with him on the briefs) of Lawrence & Ellis, P.A., Oklahoma City, Oklahoma, for Petitioner.

Meredith L. Jason (Linda Dreeben, with her on the brief) of National Labor Relations Board, Washington, D.C., for Respondent.

Before PORFILIO, BARRETT and LUCERO, Circuit Judges.


LUCERO, Circuit Judge.

We are asked to resolve the following question: If a collective bargaining agreement contains a provision permitting an employer to grant wage increases to any of its employees in any amount, is the employer shielded from unfair labor practice charges based on the grant of such increases, regardless of the timing and manner in which it bestows them? In the case before us, the National Labor Relations Board ("Board") held that although Capitol...

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