AGGREGATE INDUSTRIES v. N.L.R.B.

No. 14-1252 Consolidated with 14-1276.

824 F.3d 1095 (2016)

AGGREGATE INDUSTRIES, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 10, 2016.


Attorney(s) appearing for the Case

Richard N. Hill , San Francisco, CA, argued the cause for petitioner. On the briefs was James T. Winkler , Las Vegas, NV. Matthew T. Cecil entered an appearance.

Nicole Lancia , Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Richard F. Griffin, Jr. , General Counsel, John H. Ferguson , Associate General Counsel, Linda Dreeben , Deputy Associate General Counsel, and Elizabeth A. Heaney , Supervisory Attorney.

Before: WILKINS, Circuit Judge, and GINSBURG and RANDOLPH, Senior Circuit Judges.


The evidentiary background of this case is complicated. The law is not. Aggregate Industries transferred work from one bargaining unit to another over the objections of the union representing both units. An administrative law judge found that because the company had bargained over...

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