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INTERNATIONAL BROTHERHOOD OF BOILERMAKERS v. NLRB

No. 21-1209.

61 F.4th 971 (2023)

INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIP BUILDERS, BLACKSMITHS, FORGERS AND HELPERS, LOCAL 627, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Hawaiian Dredging Construction Company, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 7, 2023.

Attorney(s) appearing for the Case

David A. Rosenfeld argued the cause for petitioner. With him on the briefs was Michaela F. Posner.

Joel A. Heller , Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Jennifer A. Abruzzo , General Counsel, Ruth E. Burdick , Deputy Associate General Counsel, David Habenstreit , Assistant General Counsel, and Usha Dheenan , Supervisory Attorney.

Barry W. Marr was on the brief for intervenor Hawaiian Dredging Construction Company, Inc. in support of respondent. Megumi Sakae entered an appearance.

Before: Millett, Katsas and Walker, Circuit Judges.

More than a decade ago, Hawaiian Dredging Construction Company and a Hawaiian chapter of the Boilermakers union failed to renew a collective bargaining agreement. Hawaiian Dredging then discharged Boilermakers welders who were covered by the now-expired agreement. The Boilermakers thought those discharges were an "unfair labor...

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