Hampton Lumber Mills-Washington, Inc. v. National Labor Relations Board

Type

Opinion of the Court

Per curiam

Yes — no individual author

Filed

May 17, 2002

Case

Hampton Lumber Mills-Washington, Inc. v. National Labor Relations Board

Case status

Decided

Source The opinion is per curiam: issued in the name of the court, with no individual author. This is a fact about the opinion, not missing data.

The first passage of the document, as extracted by the source provider.

JUDGMENT PER CURIAM. This cause was heard on the record from the National Labor Relations Board (Board) and on the briefs and arguments of counsel. Hampton Mills-Washington, Inc. (Hampton) petitions for review of the Board’s May 31, 2001 decision finding that Hampton violated sections 8(a)(1) and (5) of the National Labor Relations Act (Act), 29 U.S.C. §§ 151 et seq., by refusing to recognize and bargain with the Lumber and Saw Mills Workers Union No. 2767 a/w United Brotherhood of Carpenters Joiners of America, AFL-CIO (Union) beginning on November 30, 1999 when Hampton attained successor status and received the Union’s demand letter for recognition. Responding to Hampton’s argument that it was not required to recognize and bargain with the Union in light of an employee petition submitted to it on December 8, 1999, in which a majority of employees declared their desire not to be represented by the Union, the Board first rejected that defense by affirming the Administrative Law Judge’s application of the successor bar rule adopted in St. Elizabeth Manor, Inc., 329 NLRB No. 36 (1999). * In the alternative, the Board found Hampton’s unlawful November 30 refusal to recognize the Union…

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