LOCAL UNION 36 v. N.L.R.B.

Docket No. 10-3448-ag.

631 F.3d 23 (2010)

LOCAL UNION 36, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Second Circuit.

Decided: November 12, 2010.


Attorney(s) appearing for the Case

James R. LaVaute , Brian J. LaClair , Blitman & King LLP, Syracuse, NY, for Petitioner.

Linda Dreeben , Deputy Associate General Counsel, National Labor Relations Board, Washington, D.C., for Respondent.

James S. Gleason , Hinman, Howard & Kattell, LLP, Binghamton, NY, for Intervener Rochester Gas & Electrical Corporation.

Before: NEWMAN, WINTER, and LYNCH, Circuit Judges.


GERARD E. LYNCH, Circuit Judge:

Respondent National Labor Relations Board ("NLRB") moves to transfer this case to the District of Columbia Circuit. It argues that, because it did not receive a petition for review "stamped by the court with the date of filing," 28 U.S.C. § 2112(a)(2), from either party seeking review of its decision, the case should be heard where proceedings were first instituted, in the D.C. Circuit, pursuant to 28 U.S.C. § 2112(a). We...

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