SPECTACOR MANAGEMENT GROUP v. N.L.R.B.

No. 01-3644, 01-3694, 01-4036.

320 F.3d 385 (2003)

SPECTACOR MANAGEMENT GROUP, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent Atlantic Exposition Services, Inc., Intervenor South Jersey Regional Council of Carpenters, Local 623 Affiliated with the United Brotherhood of Carpenters and Joiners of America, AFL-CIO Petitioner v. National Labor Relations Board, Respondent Atlantic Exposition Services, Inc., Intervenor National Labor Relations Board, Petitioner v. Spectacor Management Group; South Jersey Regional Council of Carpenters, Local 623, Affiliated with the United Brotherhood of Carpenters and Joiners of America, AFL-CIO, Respondents Atlantic Exposition Services, Inc., Intervenor.

United States Court of Appeals, Third Circuit.

Filed February 13, 2003.


Attorney(s) appearing for the Case

James A. Matthews, III (Argued), Jessica L. Pollock, Fox, Rothschild, O'Brien & Frankel, Philadelphia, for Petitioner Spectacor Management Group, No. 01-3644, Respondent Spectacor Management Group, No. 01-4036.

James Katz (Argued), Howard S. Simonoff, Sagot, Jennings & Sigmond, Cherry Hill, for Petitioner Local 623, No. 01-3694, Respondent Local 623, No. 01-4036.

Arthur F. Rosenfeld, General Counsel, John E. Higgins, Jr., Deputy General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, Robert J. Englehart, Supervisory Attorney, James M. Oleske, Jr. (Argued), National Labor Relations Board, Washington, for Petitioner NLRB, No. 01-4036, Respondent NLRB, Nos. 01-3644, 01-3694.

James J. Rodgers, Dilworth, Paxson, Philadelphia, Howard K. Trubman, Sobol & Trubman, Philadelphia, for Intervenor Atlantic Exposition Services, Inc., Nos. 01-3644, 01-3694, 01-4036.

Brian F. Quinn, DeCarlo, Connor & Selvo, Washington, for United Brotherhood of Carpenters and Joiners, Amicus-Appellant, No. 01-3644.

James M. Walters, John M. Capron, Fisher & Phillips, Atlanta, for GES Exposition, Amicus-Appellant, Nos. 01-3644, 01-3694, Amicus-Appellee, No. 01-4036.

Before SLOVITER, FUENTES, Circuit Judges, and DEBEVOISE, District Judge.


OPINION OF THE COURT

SLOVITER, Circuit Judge.

At issue in this case is whether it was reasonable for the National Labor Relations Board ("NLRB" or "Board") to find that § 8(e) of the National Labor Relations Act ("Act"), 29 U.S.C. § 158(e), was violated by (1) an agreement between the Union and the company managing a convention center that provides that the installation, assembly and dismantling of temporary tradeshow exhibits would be subcontracted...

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