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NOVA PLUMBING, INC. v. N.L.R.B.

No. 02-1085.

330 F.3d 531 (2003)

NOVA PLUMBING, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Southern California Pipe Trades District Council No. 16, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 10, 2003.

Attorney(s) appearing for the Case

Steven D. Atkinson argued the cause for petitioner. With him on the briefs were Thomas A. Lenz and Vincent P. Floyd.

William M. Bernstein, 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, Aileen A. Armstrong, Deputy Associate General Counsel, and Charles Donnelly, Senior Attorney.

Francis J. Martorana argued the cause for intervenor. With him on the brief was Dinah S. Leventhal.

Before: EDWARDS, RANDOLPH and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

In this case involving a construction company's refusal to extend its contract with a labor union, the National Labor Relations Board found the contract governed not by section 8(f) of the National Labor Relations Act, under which a construction-industry employer may refuse to bargain with a union after the expiration of a "pre-hire" agreement, but rather by section 9(a), under which...

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