PRIME SERVICE, INC. v. N.L.R.B.

No. 00-1306.

266 F.3d 1233 (2001)

PRIME SERVICE, INC., d/b/a Prime Equipment, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. International Union of Operating Engineers, Local Union No 3, AFL-CIO, Intervenor for Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided October 12, 2001.


Attorney(s) appearing for the Case

Harry J. Secaras argued the cause for petitioner. With him on the briefs was Howard L. Bernstein.

Steven B. Goldstein, Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Arthur F. Rosenfeld, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Julie B. Broido, Senior Attorney. Howard E. Perlstein, Deputy Assistant General Counsel, entered an appearance.

Before: HENDERSON, RANDOLPH, and ROGERS, Circuit Judges.


Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

Prime Service, Inc.'s petition to review and the National Labor Relations Board's cross-petition to enforce an order of the Board raise the question whether Prime Service should have been treated as a successor employer who breached its duty to bargain with the incumbent union and, if so, whether the Board's affirmative bargaining order is an appropriate remedy. Also before us...

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