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N.L.R.B. v. LOCAL 32B-32J SERVICE EMPLOYEES

Docket No. 02-4220.

353 F.3d 197 (2003)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. LOCAL 32B-32J SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO, Respondent.

United States Court of Appeals, Second Circuit.

Decided: December 30, 2003.

Attorney(s) appearing for the Case

JOAN E. HOYTE, National Labor Relations Board, Washington, D.C. (Arthur F. Rosenfeld, General Counsel, John F. Higgins, Jr., Deputy General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, Charles Donnelly, Supervisory Attorney, National Labor Relations Board, Washington, D.C., of counsel), for Petitioner.

HAROLD CRAIG BECKER, Chicago, IL (Larry Engelstein, General Counsel, SEIU Local 32B-32J, New York City, of counsel), for Respondent.

Before: OAKES, MESKILL and B.D. PARKER, Circuit Judges.

MESKILL, Circuit Judge.

The National Labor Relations Board (Board) petitions for enforcement of its order that Local 32B-32J, Service Employees International Union, AFL-CIO (Union) cease and desist from engaging in activities deemed to be unfair labor practices. We hold that the Board's construction of the contract clause at issue was incorrect. Accordingly, we deny the petition.

BACKGROUND

The relevant facts, as found by the Board and the ALJ, are...

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