WILLAMETTE INDUSTRIES, INC. v. N.L.R.B.

No. 97-1375.

144 F.3d 877 (1998)

WILLAMETTE INDUSTRIES, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 9, 1998.

Rehearing Denied August 26, 1998.


Attorney(s) appearing for the Case

William H. Walters argued the cause for petitioner, with whom Louis B. Livingston was on the briefs.

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

Lester V. Smith, Jr. was on the brief for amicus curiae Timber Operators Council.

Harlan Bernstein was on the brief for amicus curiae Western Council of Industrial Workers.

Before: SILBERMAN and GINSBURG, Circuit Judges, and BUCKLEY, Senior Circuit Judge.


SILBERMAN, Circuit Judge:

Petitioner Willamette Industries contends that the National Labor Relations Board failed to adequately explain why certification of a maintenance-only bargaining unit was appropriate, in light of the Board's previous practice and its prior precedent. We grant the petition for review, and deny the Board's cross-petition for enforcement.

I.

At its Albany, Oregon facility, Willamette Industries manufactures particleboard from...

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