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FEDEX HOME DELIVERY v. N.L.R.B.

Nos. 07-1391, 07-1436.

563 F.3d 492 (2009)

FEDEX HOME DELIVERY, a Separate Operating Division of FedEx Ground Package System, Incorporated, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent, International Brotherhood of Teamsters, Local No. 25, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 21, 2009.

Attorney(s) appearing for the Case

R. Ted Cruz argued the cause for petitioner. On the briefs were Charles I. Cohen, Jonathan C. Fritts, and Doreen S. Davis.

Robert Digges Jr., Robin S. Conrad, and Adam C. Sloane were on the brief for amici curiae American Trucking Associations, Inc. and Chamber of Commerce of the United States of America in support of petitioner. Timothy W. Wiseman entered an appearance.

Kellie J. Isbell, 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 Robert J. Englehart, Supervisory Attorney. Julie B. Broido, Supervisory Attorney, entered an appearance.

Renee J. Bushey argued the cause for intervenor International Brotherhood of Teamsters, Local No. 25. With her on the brief were Michael A. Feinberg and Jonathan M. Conti.

Daniel J. Popeo and Richard A. Samp were on the brief for amici curiae Washington Legal Foundation, et al. in support of respondent.

Opinion dissenting in part filed by Circuit Judge GARLAND.

BROWN, Circuit Judge:

FedEx Ground Package System, Inc. ("FedEx"), a company that provides small package delivery throughout the country, seeks review of the determination of the National Labor Relations Board ("Board") that FedEx committed an unfair labor practice by refusing to bargain with the union certified as the collective bargaining representative of its Wilmington, Massachusetts drivers. The Board cross-applies for enforcement of its order. Because the drivers...

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