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UNBELIEVABLE, INC. v. N.L.R.B.

No. 96-1209.

118 F.3d 795 (1997)

UNBELIEVABLE, INC., d/b/a Frontier Hotel & Casino, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Professional, Clerical & Miscellaneous Employees Local 995 and International Union of Operating Engineers, Local 501, AFL-CIO, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 18, 1997.

Attorney(s) appearing for the Case

Michael A. Taylor, Washington, DC, argued the cause for petitioner, with whom Celeste M. Wasielewski was on the briefs.

Daniel Michalski, Attorney, National Labor Relations Board, Washington, DC, argued the cause for respondent, with whom Linda R. Sher, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Frederick C. Havard, Supervisory Attorney, were on the brief.

Adam N. Stern, Los Angeles, CA, argued the cause and filed the joint brief for intervenors. Lewis N. Levy entered an appearance.

Before: WALD, GINSBURG, and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

Dissenting opinion filed by Circuit Judge WALD.

GINSBURG, Circuit Judge:

The National Labor Relations Board determined that the Frontier Hotel & Casino committed an unfair labor practice by engaging in surface bargaining with two unions. The Board ordered the Frontier to reimburse the unions for their negotiation costs and to pay the litigation costs — primarily attorney's fees —...

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