Legal Opinion · Concurrence
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)Published
1ConcurrenceStraub, Circuit Judge
Because I am in substantial agreement with the majority opinion, I concur. I write separately to note that the majority opinion articulates settled legal doctrine in a novel way, creating a “two-step framework” which I regard as an unnecessary innovation. However, this reformulation *92does not, in my view, disturb the substance of the established principles that apply to, and dictate the outcome of, this appeal.
The National Labor Relations Board’s (the “Board”) “clear and unmistakable” waiver standard — a product of the Board’s considerable experience in labor-management relations — “requires…
2Cases cited5 opinions
- Litton Financial Printing Div., Litton Business Systems, Inc. v. NLRBSupreme Court of the United States · 1991
- Metropolitan Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1983
- Auciello Iron Works, Inc. v. National Labor Relations BoardSupreme Court of the United States · 1996
- National Labor Relations Board v. New York Telephone CompanyCourt of Appeals for the Second Circuit · 1991
- Civil Service Employees Ass'n, Local 1000 v. National Labor Relations BoardCourt of Appeals for the Second Circuit · 2009