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PEARSON EDUCATION, INC. v. N.L.R.B.

Nos. 02-1266 and 02-1324.

373 F.3d 127 (2004)

PEARSON EDUCATION, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Union of Needletrades, Industrial and Textile Employees, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 6, 2004.

Attorney(s) appearing for the Case

Gregory J. Utken argued the cause and filed the briefs for petitioner.

Robert J. Englehart, 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. James M. Oleske, Jr., Attorney, entered an appearance.

Barry A. Macey argued the cause and filed the brief for intervenor.

Before: SENTELLE, ROGERS, and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Pearson Education, Inc., ("Pearson" and "the company") petitions for review of the National Labor Relations Board ("the Board" or "NLRB") decision following our remand in Macmillan Publishing Co. v. NLRB, 194 F.3d 165 (D.C.Cir.1999). After remand, the Board reaffirmed its initial decision setting aside the first election then certifying...

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