Legal Opinion

Local Union 36, International Brotherhood of Electrical Workers, AFL-CIO v. National Labor Relations Board

Court of Appeals for the Second Circuit

Decided January 17, 2013No. Docket Nos. 10-3448-ag(L), 11-247-ag(CON), 11-329-ag(CON)PublishedCited by 12 opinions

1Opinion of the Court

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 “Board”), in which the Board concluded that Rochester Gas had engaged in an unfair labor practice by refusing to bargain over the effects of its…

2Cases cited39 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. United States v. OlanoSupreme Court of the United States · 1993
  3. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  4. Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
  5. Bordenkircher v. HayesSupreme Court of the United States · 1978

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3Cited by12 opinions

  1. Heartland Plymouth Court MI, LLC v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 2016
  2. National Labor Relations Board v. Pier Sixty, LLCCourt of Appeals for the Second Circuit · 2017
  3. Int'l Bhd. of Elec. Workers, Local Union 43 v. NLRBCourt of Appeals for the Second Circuit · 2021
  4. HealthBridge Management, LLC v. National Labor Relations BoardCourt of Appeals for the Second Circuit · 2018
  5. Service Empl. Internat. v. Douglas Cty. Sch. Dist.Nebraska Supreme Court · 2013

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