UNITED FOOD & COMMERCIAL WORKERS UNION v. N.L.R.B.

Nos. 99-71317, 99-71442, 99-71596 and 00-70156.

284 F.3d 1099 (2002)

UNITED FOOD AND COMMERCIAL WORKERS UNION, Local 1036, Petitioner, Phillip Mulder; Charles Buck; Leon Gibbons; United Food and Commercial Workers Union, Local 7; United Food and Commercial Workers Union, Local 951, Intervenors, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Glenn Hilton; United Food and Commercial Workers Union, Local 951, Respondent-Intervenor. Phillip Mulder; Glenn Hilton; Charles Buck; Leon Gibbons, Petitioners, United Food and Commercial Workers Union, Local 7; United Food and Commercial Workers Union, Local 951, Intervenors, v. National Labor Relations Board, Respondent. Rebecca McReynolds; Barbara Kipp, Petitioners, United Food and Commercial Workers Union, Local 7; United Food and Commercial Workers Union, Local 951, Intervenors, v. National Labor Relations Board, Respondent. National Labor Relations Board, Petitioner, United Food and Commercial Workers Union, Local 7; United Food and Commercial Workers Union, Local 951, Intervenors, v. United Food and Commercial Workers Union, Local 1036, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 25, 2002.


Attorney(s) appearing for the Case

David A. Rosenfeld, Van Bourg, Weinberg, Roger & Rosenfeld, Oakland, CA, for the petitioner-respondent, United Food and Commercial Workers Union, Local 1036.

James B. Coppess, AFL-CIO, Washington, DC, for the intervenors, United Food and Commercial Workers Union, Locals 7 and 951.

Steven Goldstein, for the respondent-petitioner, National Labor Relations Board.

Glenn Taubman, National Right to Work Legal Defense Foundation, Inc., for the respondents-intervenors, Phillip Mulder, Charles Buck, Leon Gibbons, and Glenn Hilton.

Richard J. Clair, National Right to Work Legal Defense Foundation, Inc., on the briefs for respondents-intervenors, Rebecca McReynolds and Barbara Kipp.

Before: SCHROEDER, Chief Judge, PREGERSON, REINHARDT, KOZINSKI, T.G. NELSON, TASHIMA, THOMAS, SILVERMAN, WARDLAW, W. FLETCHER and FISHER, Circuit Judges.


REINHARDT, Circuit Judge.

The National Labor Relations Act ("NLRA" or "the Act"), as amended, establishes an elaborate and complicated structure that governs labor relations in almost all of the industries within the nation's private sector.1 Collective bargaining is the central concern of that structure, and labor unions are essential to the collective bargaining process. The Act contains a...

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