INTERN. BROTH. OF ELEC. WORKERS v. N.L.R.B.

Docket Nos. 10-3448-ag(L), 11-247-ag(CON), 11-329-ag(CON).

706 F.3d 73 (2013)

LOCAL UNION 36, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO, Petitioner, Rochester Gas & Electric Corp., Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner.

United States Court of Appeals, Second Circuit.

Decided: January 17, 2013.


Attorney(s) appearing for the Case

James R. LaVaute ( Brian J. LaClair , of counsel), Blitman & King LLP, Syracuse, NY, for Petitioner Local Union 36, International Brotherhood of Electrical Workers, AFL-CIO.

James S. Gleason , Hinman, Howard & Kattell, LLP, Binghamton, NY, for Petitioner-Cross-Respondent Rochester Gas & Electric Corp.

Robert Englehart ( MacKenzie Fillow , on the brief; Lafe E. Solomon , Acting General Counsel, Celeste J. Mattina , Acting Deputy General Counsel, John H. Ferguson , Associate General Counsel, and Linda Dreeben , Deputy Associate General Counsel, of counsel), National Labor Relations Board, Washington, D.C., for Respondent-Cross-Petitioner National Labor Relations Board.

Before: CABRANES, STRAUB, and LIVINGSTON, Circuit Judges.


JOSÉ A. CABRANES, Circuit Judge:

The principal question presented is whether Local Union 36 of the International Brotherhood of Electrical Workers (the "Union"), waived its right to bargain over the effects of a particular decision made by Rochester Gas and Electric Corp. ("Rochester Gas" or the "Company").

The Union and Rochester Gas bring cross-petitions for review of the August 16, 2010 decision of the National Labor Relations Board ("NLRB" or the...

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