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

No. 00-1366.

253 F.3d 720 (2001)

WILLAMETTE INDUSTRIES, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Graphic Communications Union Local 17-M, AFL-CIO, CLC, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 19, 2001.

Attorney(s) appearing for the Case

Stanley C. Fickle argued the cause for petitioner. With him on the briefs were Peter A. Morse, Jr., Julie C. Sipe and Richard H. Streeter.

Steven B. Goldstein, Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Leonard R. Page, Acting General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Julie B. Broido, Senior Attorney. Anne M. Lofaso, Attorney, and Howard E. Perlstein, Deputy Assistant General Counsel, entered appearances.

James B. Coppess argued the cause for intervenor. With him on the brief were Laurence Gold and William R. Groth.

Before: WILLIAMS, GINSBURG and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

The National Labor Relations Board determined that the refusal of Willamette Industries to negotiate with the Graphic Communications Union Local 17-M after the Union lost a decertification election was an unfair labor practice (ULP), in violation of §§ 8(a)(1) and (5) of the National Labor Relations Act. Because the Board's decision is inconsistent with the rule the Board...

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