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ARAMARK CORP. v. N.L.R.B.

Nos. 97-9535, 97-9550.

179 F.3d 872 (1999)

ARAMARK CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, The Florida Public Employees Council 79, AFSCME (Union), International Union of Operating Engineers, Local 465, AFL-CIO, Intervenors.

United States Court of Appeals, Tenth Circuit.

May 28, 1999.

Attorney(s) appearing for the Case

David W. Miller, Baker & Daniels, Indianapolis, Indiana (Philip J. Gibbons, Jr. with him on the briefs), for Petitioner.

Howard E. Perlstein, Deputy Assistant General Counsel, National Labor Relations Board, Washington, D.C. (Frederick L. Feinstein, General Counsel, Linda Sher, Associate General Counsel, and Aileen A. Armstrong, Deputy Associate General Counsel, with him on the briefs), for Respondent.

Marsha S. Berzon, Altshuler, Berzon, Nussbaum, Berzon & Rubin, San Francisco, California (Jonathan P. Hiatt, AFL-CIO, Washington, D.C., John C. Dempsey, Larry P. Weinberg, and Margaret A. McCann, AFSCME, Washington, D.C., Richard Griffin and Helen L. Morgan, International Union of Operating Engineers, Washington, D.C., with her on the briefs), for Intervenors.

Before SEYMOUR, Chief Judge, and PORFILIO, ANDERSON, TACHA, BALDOCK, BRORBY, EBEL, KELLY, HENRY, BRISCOE, LUCERO and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

These matters originally came before the court on the cross-petitions of Aramark Corporation (Aramark) and the National Labor Relations Board (the Board). The Board sought enforcement of two orders finding that Aramark had committed unfair labor practices when it had refused to bargain with the Florida Public Employees Council 79, AFSCME (Council 79) and the International Union of Operating Engineers, Local 465, AFL...

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