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MACMILLAN PUB. CO. v. N.L.R.B.

No. 98-1554.

194 F.3d 165 (1999)

MACMILLAN PUBLISHING CO., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Union of Needletrades, Industrial and Textile Employees, AFL-CIO, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 12, 1999.

Attorney(s) appearing for the Case

Gregory J. Utken argued the cause for petitioner. With him on the briefs was Frank Swain.

Robert J. Englehart, Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Linda Sher, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Frederick C. Havard, Supervisory Attorney. John D. Burgoyne, Deputy Associate General Counsel, entered an appearance.

Barry A. Macey was on the brief for intervenor.

Before: SILBERMAN, RANDOLPH, and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

Macmillan Publishing, Inc. refused to bargain with, or furnish information to, a union that won the second of two representation elections. The company defended against the resulting unfair labor practice charges on the ground that the National Labor Relations Board had improperly certified the union as the employees' bargaining representative. The Board ruled against the company...

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