MONTAGUE v. N.L.R.B.

No. 11-1256.

698 F.3d 307 (2012)

Joseph MONTAGUE and Kenneth Gray, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America and Dana Companies, LLC, Intervenors.

United States Court of Appeals, Sixth Circuit.

August 23, 2012.


Attorney(s) appearing for the Case

ARGUED: William L. Messenger , National Right to Work Legal Defense Foundation, Springfield, VA, for Petitioners. Elizabeth Ann Heaney , National Labor Relations Board, Washington, DC, for Respondent. Michael Brendan Nicholson , International Union, UAW, Detroit, MI, for Intervenors. ON BRIEF: William L. Messenger , National Right to Work Legal Defense Foundation, Springfield, VA, for Petitioners. Elizabeth Ann Heaney , Julie B. Broido , Linda Dreeben , National Labor Relations Board, Washington, DC, for Respondent. Michael Brendan Nicholson , Blair Katherine Simmons , International Union, UAW, Detroit, MI, James B. Coppess , AFL-CIO Legal Department, Washington, DC, Stanley J. Brown , Hogan Lovells US LLP, New York, NY, Christine Michalopoulos Burke , Hogan Lovells US LLP, McLean, VA, for Intervenors. Samuel Estreicher , Jones Day, New York, NY, for Amici Curiae.

Before: GIBBONS, ROGERS, and COOK, Circuit Judges.


OPINION

ROGERS, Circuit Judge.

This case raises the question of whether — before employees officially recognize a union — a union and an employer may enter into a letter of agreement setting forth general terms, including provisions related to health care benefits and future collective-bargaining agreements, that are subject to further negotiation but may become binding if arbitration is necessary...

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