Arc Bridges, Inc. v. National Labor Relations Board

Dissenting opinion filed by Circuit Judge TATEL.

GINSBURG, Senior Circuit Judge:

The National Labor Relations Board held that Arc Bridges, Inc. violated §§ 8(a)(3) and (1) of the National Labor Relations Act by failing to give a wage increase to represented .employees, with whom it was then bargaining, when it increased the wages of its nonunion employees. The Employer petitioned this court for review. Because we hold that substantial evidence did not support the Board’s findings, we grant the Employer’s petition for review, vacate the Board’s decision and order, and deny the Board’s…