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ENGELHARD CORP. v. N.L.R.B.

Nos. 04-3034, 04-4366.

437 F.3d 374 (2006)

ENGELHARD CORPORATION, Petitioner/Cross Respondent *Local 1430, International Brotherhood of Electrical Workers, AFL-CIO Intervener-Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross Petitioner. (*Amended in Accordance with Clerk's Order dated 8/30/04)

United States Court of Appeals, Third Circuit.

Filed February 14, 2006.

Attorney(s) appearing for the Case

Richard M. Escoffery, Stanford G. Wilson, Douglas H. Duerr, (Argued), Elarbee, Thompson, Sapp & Wilson, Atlanta, GA, for Petitioner/Cross Respondent.

James B. Coppess, (Argued), Washington, D.C., Robert D. Kurnick, Sherman, Dunn, Cohen, Leifer & Yellig, Washington, D.C., for Intervenor Petitioner.

Arthur F. Rosenfeld, General Counsel, John E. Higgins, Jr., Deputy General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, Robert J. Englehart, Steven B. Goldstein, (Argued), Meredith L. Jason, National Labor Relations Board, Washington, D.C., for Respondents/Cross Petitioner.

Before ALITO and AMBRO, Circuit Judges, and RESTANI, Judge.

AMBRO, Circuit Judge.

This appeal arises from the final decision of the National Labor Relations Board (the "NLRB") interpreting a collective bargaining agreement's no-strike/no-lockout provision. Engelhard Corporation ("Engelhard" or the "Company"), relying on its interpretation of the provision, suspended thirty-eight employees for holding a demonstration at its annual shareholders' meeting. For the reasons set out below, we agree with the NLRB that Engelhard's...

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