Erie Brush & Manufacturing Corp. v. NLRB, No. 11-1337 (D.C. Cir. 2012)
Annotate this CaseErie petitioned for review of the Board's decision finding that Erie violated section 8(a)(5) and (1) of the National Labor Relations Act, 29 U.S.C. 158(a)(1), (5). Erie challenged the Board's finding of unlawful refusal to bargain, arguing that the parties were at a bargaining impasse. Alternatively, Erie argued that even if the court upheld the Board's finding of an unfair labor practice, the bargaining remedy imposed exceeded the Board's authority. Because the court concluded that substantial evidence did not support the Board's decision, the court granted the petition for review and vacated the Board's decision and order. The court need not decide the challenge to the Board's remedy.
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