Legal Opinion

M & M Backhoe Service, Inc. v. National Labor Relations Board

Court of Appeals for the D.C. Circuit

Decided December 1, 2006No. 05-1378PublishedCited by 8 opinions

1Opinion of the Court

RANDOLPH, Circuit Judge.

The threshold issue in these consolidated petitions for review of an order of the National Labor Relations Board and the Board’s cross-application for enforcement is whether M & M Backhoe Service, Inc., voluntarily recognized the union’s majority status and converted the relationship between the company and the union from one governed by section 8(f) of the National Labor Relations Act to one governed by section 9(a).

The Act gives employees the right to select their own union representation. See 29 U.S.C. § 159(a). Employers must bargain in good faith with unions, see…

2Cases cited9 opinions

  1. National Labor Relations Board v. Gissel Packing Co.Supreme Court of the United States · 1969
  2. National Labor Relations Board v. Local Union No. 103, International Ass'n of Bridge, Structural & Ornamental Iron WorkersSupreme Court of the United States · 1978
  3. International Ladies' Garment Workers' Union v. National Labor Relations BoardSupreme Court of the United States · 1961
  4. Auciello Iron Works, Inc. v. National Labor Relations BoardSupreme Court of the United States · 1996
  5. National Labor Relations Board v. Blake Construction Co., Inc., and Its Alter Ego, M & S Building Supplies, Inc.Court of Appeals for the D.C. Circuit · 1981

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3Cited by8 opinions

  1. United Brotherhood of Carpenters & Joiners v. Operative Plasterers' & Cement Masons' International Ass'nCourt of Appeals for the D.C. Circuit · 2013
  2. Allied Mechanical Services, Inc. v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 2012
  3. Colo. Fire Sprinkler, Inc. v. Nat'l Labor Relations Bd.Court of Appeals for the D.C. Circuit · 2018
  4. Raymond F. Kravis Center for the Performing Arts, Inc. v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 2008
  5. Hawaiian Dredging Construction Co. v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 2017

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