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PACE UNIVERSITY v. N.L.R.B.

Nos. 07-1032, 07-1054.

514 F.3d 19 (2008)

PACE UNIVERSITY, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 25, 2008.

Attorney(s) appearing for the Case

Terence M. O'Neil argued the cause for petitioner. On the briefs was Raymond J. Pascucci.

Elizabeth A. Heaney, Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Ronald E. Meisburg, General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Assistant General Counsel, and Fred B. Jacob, Supervisory Attorney.

Before: ROGERS, TATEL and KAVANAUGH, Circuit Judges.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

The petition for review filed by Pace University seeks to have the court hold that the National Labor Relations Board abused its discretion in applying its nonrelitigation rule. Under that rule the Board has determined that only in limited circumstances will a party be permitted to reopen a representation issue during an unfair labor practice proceeding. Pace maintains that it did not raise...

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