LONG ISLAND HEAD START CHILD DEV. SER. v. N.L.R.B.

Docket Nos. 05-5723-ag(L), 05-6624-ag(XAP).

460 F.3d 254 (2006)

LONG ISLAND HEAD START CHILD DEVELOPMENT SERVICES, Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner.

United States Court of Appeals, Second Circuit.

Decided: August 9, 2006.


Attorney(s) appearing for the Case

David M. Cohen, Cooper, Sapir & Cohen, PC, Melville, NY, for Petitioner-Cross-Respondent.

Jeffrey L. Horowitz, (Ronald Meisburg, General Counsel, John E. Higgins, Jr., Deputy General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, of counsel, Julie B. Broido, on the brief) National Labor Relations Board, Washington, DC for Respondent-Cross-Petitioner.

Before McLAUGHLIN, JACOBS, and B.D. PARKER, Circuit Judges.


DENNIS JACOBS, Circuit Judge.

The Collective Bargaining Agreement ("CBA") governing labor relations between Long Island Head Start Child Development Services ("Head Start") and the AFL-CIO's Local 95 Chapter ("the Union") contains an "evergreen clause," under which the CBA automatically renews unless either Head Start or the Union conveys timely, written notice of a contrary intent. In a September 29, 2005 decision and order, the National Labor Relations Board ("NLRB...

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