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INTERNATIONAL LONGSHORE & WAREHOUSE UNION v. NLRB

No. 18-1124 Consolidated with 18-1168.

971 F.3d 356 (2020)

INTERNATIONAL LONGSHORE & WAREHOUSE UNION, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent. East Bay Automotive Machinists Lodge No. 1546, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 21, 2020.

Attorney(s) appearing for the Case

Lindsay R. Nicholas argued the cause for petitioner. With her on the briefs were Eleanor Morton and Emily M. Maglio .

Gregoire Sauter , Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Peter B. Robb , General Counsel, John W. Kyle , Deputy General Counsel, Linda Dreeben , Deputy Associate General Counsel, and Usha Dheenan , Supervisory Attorney.

David A. Rosenfeld was on the brief for intervenors East Bay Automotive Machinists Lodge No. 1546, et al. in support of respondent/cross-petitioner.

Before: Garland and Katsas, Circuit Judges, and Williams, Senior Circuit Judge.

Under NLRB v. Burns International Security Services, Inc., 406 U.S. 272, 92 S.Ct. 1571, 32 L.Ed.2d 61 (1972), a successor employer inherits the collective-bargaining obligations of its predecessor only if the previously recognized bargaining unit remains appropriate under the successor...

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