280 F.3d 1053 (D.C. Cir. 2002), 00-1541, Scepter v. National Labor Relations Board

Docket Nº:00-1541
Citation:280 F.3d 1053
Party Name:Scepter, Inc., Petitioner v. National Labor Relations Board, Respondent
Case Date:February 22, 2002
Court:United States Courts of Appeals, Court of Appeals for the District of Columbia Circuit
 
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Page 1053

280 F.3d 1053 (D.C. Cir. 2002)

Scepter, Inc., Petitioner

v.

National Labor Relations Board, Respondent

No. 00-1541

United States Court of Appeals, District of Columbia Circuit

February 22, 2002

        Argued January 18, 2002

Page 1054

        On Petition for Review and Cross-Application for Enforcement of an Order of the National Labor Relations Board

        Ronald G. Ingham argued the cause for petitioner. With him on the briefs was James P. Daniel.

        Anne Marie Lofaso, Attorney, National Labor Relations Board, argued the cause for respondent. With her on the briefs were Arthur F. Rosenfeld, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Julie B. Broido, Supervisory Attorney.

        David A. Rosenfeld was on the brief for amicus curiae International Association of Bridge, Structural, Ornamental Iron Workers, AFL-CIO, Shopmen's Local Union #733, in support of respondent.

Page 1055

        Before: Edwards, Henderson, and Garland, Circuit Judges.

        Opinion for the Court filed by Circuit Judge Edwards.

        Edwards, Circuit Judge:

        Petitioner Scepter, Inc. ("Scepter") seeks review of two orders of the National Labor Relations Board ("NLRB" or "Board"). The primary order under review finds that Scepter violated the National Labor Relations Act ("NLRA") and directs Scepter to bargain with a duly elected union. See Scepter Ingot Castings, Inc., 331 N.L.R.B. No. 153 (Aug. 28, 2000) ("Order"). Because the Order is supported by substantial evidence in the record, we deny Scepter's petition for review and enforce the Order.

         I. Background

         Our review of the facts is based on the Board's findings when they are supported by substantial evidence on the record as a whole. See Universal Camera Corp. v. NLRB, 340 U.S. 474, 488 (1951). Scepter is an aluminum recycling company. Following an election, the NLRB certified Shopman's Local Union No. 733 of the International Association of Bridge, Structural, and Ornamental Iron Workers, AFL-CIO ("the Union") as the exclusive collective bargaining representative of employees at Scepter's New Johnsonville, Tennessee facility. Bargaining commenced on July 22, 1993 and continued for about two years. The process began productively enough and eventually ground to a near standstill. Beginning in mid-1994, Union bargaining committee member Penney Hensley became frustrated and told Scepter managers that negotiations had reached a stalemate, that she felt the Union had no standing, and that she felt the employees no longer wanted the Union to represent them. See Transcript of Administrative Law Judge Hearing at 314-18, 321-22, reprinted at Deferred Appendix ("App.") 281-85, 288-89. There is no other evidence, however, of other employees or Union agents expressing such sentiments to members of management at Scepter.

         The...

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