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N.L.R.B. v. DOWNTOWN BID SERVICES CORP.

No. 11-1199.

682 F.3d 109 (2012)

NATIONAL LABOR RELATIONS BOARD, Petitioner v. DOWNTOWN BID SERVICES CORPORATION, Respondent International Association of Machinists & Aerospace Workers, District Lodge 98, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 22, 2012.

Attorney(s) appearing for the Case

Bernard P. Jeweler argued the cause and filed the briefs for respondent.

Milakshmi V. Rajapakse , Attorney, National Labor Relations Board, argued the cause for petitioner. With her on the brief were John H. Ferguson , Associate General Counsel, Linda Dreeben , Deputy Associate General Counsel, and Julie B. Broido , Supervisory Attorney. Renee D. McKinney , Attorney, entered an appearance.

Stefan P. Sutich was on the brief for intervenor International Association of Machinists & Aerospace Workers, District Lodge 98 in support of petitioner.

Concurring opinion filed by Circuit Judge HENDERSON.

BROWN, Circuit Judge:

The National Labor Relations Board seeks enforcement of an order finding Downtown BID, a non-profit business improvement corporation, committed an unfair labor practice (ULP) when it refused to bargain with the International Association of Machinists and Aerospace Workers (the Union) following an employee election. Downtown BID (the Company) contends agents or supporters of the Union unlawfully threatened and harassed employees and otherwise...

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