International Chemical Workers Union Council of United Food & Commercial Workers International v. National Labor Relations Board

ORDER AND AMENDED OPINION

ORDER

The petition for rehearing is granted without further oral argument.

*745 The Opinion filed on April 28, 2006, and appealing at 447 F.3d 1153 , is amended as follows:

At 447 F.3d at 1165 , the sentence currently reading “Petition GRANTED.” shall be replaced with the following: “The Union’s petition for review is GRANTED, and the matter is REMANDED to the National Labor Relations Board with directions to reinstate the ALJ’s January 24, 2003 Decision and Order.”

Petition for rehearing GRANTED; opinion AMENDED; and the case REMANDED with instructions. No further petitions for panel rehearing or rehearing en banc may be filed.

OPINION

Petitioner International Chemical Workers Union Council of the United Food and Commercial Workers International and Its Local 1C (“Union”) petitions this court for review of a decision by the National Labor Relations Board (“Board”). This case arises out of events that took place while the Union and American Polystyrene Corporation (“Company”) were in negotiations for a successor collective bargaining agreement. Applying the rule announced by the Supreme Court in NLRB v. Truitt Mfg. Co., 351 U.S. 149 , 76 S.Ct. 753…