DEAN TRANSP., INC. v. N.L.R.B.

Nos. 07-1262, 07-1313, 07-1314.

551 F.3d 1055 (2009)

DEAN TRANSPORTATION, INC., Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent. Grand Rapids Educational Support Personnel Association, MEA/NEA, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 9, 2009.


Attorney(s) appearing for the Case

David E. Khorey argued the cause for petitioner. With him on the briefs was Kurt M. Graham.

Michael L. Fayette filed the brief on behalf of Dean Transportation Employees Union, incorporating by reference the brief of petitioner Dean Transportation, Inc.

Thomas Goldstein and Patrick J. Wright were on the brief for amici curiae Kent Intermediate School District, et al. in support of petitioner.

Heather S. Beard, 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, Deputy Associate General Counsel, and Meredith L. Jason, Supervisory Attorney.

Fillipe Iorio argued the cause and filed the brief for intervenor Grand Rapids Educational Support Personnel Association.

Opinion for the Court filed by Circuit Judge GARLAND.


GARLAND, Circuit Judge:

When petitioner Dean Transportation, Inc. took over operations at a facility that provided bus transportation for the Grand Rapids Public Schools (GRPS), it refused to recognize and bargain with the Grand Rapids Educational Support Personnel Association (GRESPA), the union that had been representing employees at the facility. Instead, Dean recognized the union that represented bus drivers at Dean's seven other facilities, the Dean Transportation...

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