Anchortank, Inc. v. National Labor Relations Board

GOLDBERG, Circuit Judge:

This case presents a novel and interesting question fit for a law school professor who delights in challenging his students with an issue of subtle complexity: Does an employee have a right to union representation at an interview with his employer that is held during the hiatus between the union’s challenged victory in a representation election and its subsequent certification as bargaining representative? As our ensuing discussion will demonstrate, when this question is subjected to careful scrutiny, its apparent simplicity quickly disintegrates to reveal an amalgam…