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E.I. DU PONT DE NEMOURS & CO. v. N.L.R.B.

Nos. 06-1089, 06-1163, 06-1168.

489 F.3d 1310 (2007)

E.I. DU PONT DE NEMOURS AND COMPANY, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 15, 2007.

Attorney(s) appearing for the Case

Steven W. Suflas argued the cause for petitioner E.I. du Pont de Nemours and Company. With him on the briefs were Jennifer L. Sova and James D. Donathen.

James B. Coppess argued the cause for petitioners United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, et al. On the brief was Daniel M. Kovalik. Peter Herman entered an appearance.

Philip A. Hostak, 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 David S. Habenstreit, Supervisory Attorney.

Steven W. Suflas, Jennifer L. Sova, and James D. Donathen were on the brief for intervenor E.I. du Pont de Nemours and Company.

Daniel M. Kovalik was on the brief for intervenors United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, et al.

Before: SENTELLE, GARLAND and KAVANAUGH, Circuit Judges.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge.

This case arises out of negotiations between E.I. du Pont de Nemours and Company and the Union that represents employees at one of the Company's factories in New York. In 2001, the Company declared impasses with respect to two sets of negotiations, one concerning the subcontracting of certain positions and one concerning the parties' overall collective bargaining agreement. The...

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