M & M BACKHOE SERVICE, INC. v. N.L.R.B.

No. 05-1378.

469 F.3d 1047 (2006)

M & M BACKHOE SERVICE, INC., Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent International Union of Operating Engineers, Local 487, AFL-CIO, Intervenor for Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided December 1, 2006.


Attorney(s) appearing for the Case

Michael E. Avakian argued the cause and filed the briefs for petitioner M & M Backhoe Service, Inc.

Osnat K. Rind argued the cause and filed the briefs for petitioner International Union of Operating Engineers, Local 487, AFL-CIO.

Gregory P. Lauro, Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Ronald E. Meisburg, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Fred B. Jacob, Attorney.

Before: HENDERSON, RANDOLPH and GRIFFITH, Circuit Judges.


RANDOLPH, Circuit Judge.

The threshold issue in these consolidated petitions for review of an order of the National Labor Relations Board and the Board's cross-application for enforcement is whether M & M Backhoe Service, Inc., voluntarily recognized the union's majority status and converted the relationship between the company and the union from one governed by section 8(f) of the National Labor Relations Act to one governed by section 9(a).

The Act gives...

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