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PARKWOOD DEVELOPMENTAL CENTER, INC. v. N.L.R.B.

Nos. 07-1006, 07-1027.

521 F.3d 404 (2008)

PARKWOOD DEVELOPMENTAL CENTER, INC., Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent. United Food and Commercial Workers International Union, Local 1996, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 11, 2008.

Attorney(s) appearing for the Case

Charles P. Roberts, III argued the cause for petitioner. With him on the briefs was Clifford H. Nelson, Jr.

William M. Bernstein, Senior 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, Linda Dreeben, Assistant General Counsel, and Meredith L. Jason, Supervisory Attorney.

James D. Fagan, Jr. was on the brief for intervenor United Food and Commercial Workers International Union, Local 1996.

Before: GINSBURG, RANDOLPH, and GRIFFITH, Circuit Judges.

GRIFFITH, Circuit Judge:

Parkwood Developmental Center, Inc. ("Parkwood") petitions for review of an order of the National Labor Relations Board ("Board") that determined that the company unlawfully withdrew recognition from an incumbent union upon expiration of its collective bargaining agreement. The Board concluded that Parkwood had permissibly based its anticipatory withdrawal decision on an employees' petition renouncing union representation, but then improperly...

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