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OAK HARBOR FREIGHT LINES, INC. v. N.L.R.B.

No. 14-1226 Consolidated with 14-1273, 15-1002.

855 F.3d 436 (2017)

OAK HARBOR FREIGHT LINES, INC., Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent. Teamsters 174 and Teamsters Local Numbers 81, 174, 231, 252, 324, 483, 589, 690, 760, 763, 839, and 962, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 2, 2017.

Attorney(s) appearing for the Case

Peter N. Kirsanow , Cleveland, OH, argued the cause for petitioner Oak Harbor Freight Lines, Inc. With him on the briefs were John M. Payne and Selena C. Smith , Seattle, WA. Patrick O. Peters , Cleveland, OH, entered an appearance.

Thomas A. Leahy , Seattle, WA, argued the cause and filed the briefs for petitioner Teamsters Union Local 174, et al.

Jared D. Cantor , Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Richard F. Griffin, Jr. , General Counsel, John H. Ferguson , Associate General Counsel, Linda Dreeben , Deputy Associate General Counsel, and Usha Dheenan , Supervisory Attorney.

Peter N. Kirsanow , Cleveland, OH, John M. Payne , and Selena C. Smith , Seattle, WA, were on the brief for intervenor Oak Harbor Freight Lines, Inc.

Thomas A. Leahy , Seattle, WA, was on the brief for intervenors Teamsters Local 174, et al.

Before: Garland, Chief Judge, Rogers, Circuit Judge, and Williams, Senior Circuit Judge.

The National Labor Relations Act requires employers to bargain in good faith "with respect to wages, hours, and other terms and conditions of employment." 29 U.S.C. § 158(a)(5), (d). Upon the expiration of a collective bargaining agreement, the parties to that agreement have an ongoing obligation to maintain the "status...

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