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

GERARD E. LYNCH, Circuit Judge:

Respondent National Labor Relations Board (“NLRB”) moves to transfer this case to the District of Columbia Circuit. It argues that, because it did not receive a petition for review “stamped by the court with the date of filing,” 28 U.S.C. § 2112(a)(2), from either party seeking review of its decision, the case should be heard where proceedings were first instituted, in the D.C. Circuit, pursuant to 28 U.S.C. § 2112(a). We conclude that, where a party files a petition for review in the Second Circuit and then serves the agency with the petition accompanied by the…