McCLATCHY NEWSPAPERS, INC. v. N.L.R.B.

No. 96-1399; Consolidated with No. 97-1111.

131 F.3d 1026 (1997)

McCLATCHY NEWSPAPERS, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Northern California Newspaper Guild, Local 52, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 19, 1997.


Attorney(s) appearing for the Case

Jeremy P. Sherman argued the cause and filed the briefs for petitioner.

David S. Habenstreit, Supervisory Attorney, National Labor Relations Board, argued the cause for respondent, with whom Linda R. Sher, Associate General Counsel, and Aileen A. Armstrong, Deputy Associate General Counsel, were on the brief.

James B. Coppess argued the cause for intervenor Northern California Newspaper Guild, Local 52, with whom Barbara Camens, Marsha S. Berzon, and Laurence S. Gold were on the brief.

Gerard C. Smetana was on the brief for amicus curiae Council on Labor Law Equality.

Before: SILBERMAN, ROGERS, and GARLAND, Circuit Judges.


Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

This dispute encompasses two cases, one involving McClatchy's Sacramento newspaper and the other its Modesto newspaper. In both cases, the National Labor Relations Board found that McClatchy committed an unfair labor practice by unilaterally implementing a discretionary merit pay proposal, even though McClatchy had bargained to impasse over the proposal with the union. In the...

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