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THE BALTIMORE SUN CO. v. N.L.R.B.

Nos. 00-1493, 00-1774

257 F.3d 419 (2001)

The Baltimore Sun Company, Petitioner, v. National Labor Relations Board, Respondent, Washington-Baltimore Newspaper Guild, Local 32035, the Newspaper Guild-Cwa, Respondent-Intervenor. National Labor Relations Board, Petitioner, v. The Baltimore Sun Company, Respondent, Washington-Baltimore Newspaper Guild, Local 32035, the Newspaper Guild-Cwa, Respondent-Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided: July 18, 2001

Attorney(s) appearing for the Case

ARGUED: Jeremy Paul Sherman, SEYFARTH SHAW, Chicago, Illinois, for Baltimore Sun. Steven B. Goldstein, NATIONAL LABOR RELATIONS BOARD, Washington, D.C., for Board. Robert Edward Paul, ZWERDLING, PAUL, LEIBIG, KAHN, THOMPSON & WOLLY, P.C., Washington, D.C., for Intervenor. ON BRIEF: Kristin E. Michaels, SEYFARTH SHAW, Chicago, Illinois, for Baltimore Sun. Leonard R. Page, General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, Julie B. Broido, Supervisory Attorney, NATIONAL LABOR RELATIONS BOARD, Washington, D.C., for Board.

Before NIEMEYER and KING, Circuit Judges, and Gerald Bruce LEE, United States District Judge for the Eastern District of Virginia, sitting by designation.

Petition for review granted and cross-application for enforcement denied by published opinion. Judge Niemeyer wrote the opinion, in which Judge Lee joined. Judge King wrote an opinion concurring in part and dissenting in part.

OPINION

NIEMEYER, Circuit Judge:

This case presents the important question of when the National Labor Relations Board may "accrete" employees to a collective bargaining unit by Board order in the absence of a representation...

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