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EVERGREEN AMERICA CORP. v. N.L.R.B.

Nos. 03-1129 and 03-1146.

362 F.3d 827 (2004)

EVERGREEN AMERICA CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. International Longshoremen's Association, AFL-CIO, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 2, 2004.

Attorney(s) appearing for the Case

Steven M. Swirsky argued the cause for petitioner. With him on the briefs were Elliot Jay Mandel and Michael F. McGahan.

Ruth E. Burdick, Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Arthur F. Rosenfeld, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Frederick L. Cornnell, Jr., Supervisory Attorney.

Herzl S. Eisenstadt argued the cause for intervenor. With him on the brief were Ernest L. Mathews, Jr. and John P. Sheridan. Elizabeth A. Alexander entered an appearance.

Before: EDWARDS, GARLAND and ROBERTS, Circuit Judges.

Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

On June 20, 2002, the International Longshoremen's Association, AFL-CIO ("Union"), filed a representation petition with the National Labor Relations Board ("NLRB" or "Board"), pursuant to Section 9(c) of the National Labor Relations Act ("Act"), 29 U.S.C. § 159(c) (2000), seeking an election to become the exclusive bargaining agent for Port Captains, Assistant Port...

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