No. 00-1426.

275 F.3d 116 (2002)

PALL CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. United Automobile, Aerospace and Agricultural Implement Workers of America, UAW, AFL-CIO Local 365, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 4, 2002.

Attorney(s) appearing for the Case

Thomas W. Budd argued the cause for petitioner. With him on the briefs was G. Peter Clark.

Daniel V. Yager, Heather L. MacDougall and Joseph E. Santucci Jr. were on the brief of amici curiae Council on Labor Law Equality and LPA, Inc. in support of petitioner. Charles I. Cohen entered an appearance.

David A. Fleischer, Senior 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, and Aileen A. Armstrong, Deputy Associate General Counsel. David S. Habenstreit, Attorney, entered an appearance.

Craig Becker argued the cause and filed the brief for intervenor United Automobile, Aerospace and Agricultural Implement Workers of America, UAW, AFL-CIO, Local 365. Eugene G. Eisner entered an appearance.

Before: GINSBURG, Chief Judge, HENDERSON, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

Pall Biomedical Products Co. agreed to recognize Local 365, United Auto Workers, as the representative of employees at a new Pall facility not covered by an existing collective bargaining agreement (CBA) between Pall and the Union if unit work began to be performed there. Under the agreement Pall would recognize the Union upon a showing of...

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