Laborer's International Union of North America v. National Labor Relations Board

*648 MEMORANDUM **

Laborers’ International Union of North America, Local Union No. 169 (“the Union”) appeals a decision by the National Labor Relations Board (“NLRB” or “Board”) finding that the Union violated Section 8(b)(3) of the National Labor Relations Act (“NLRA”) by refusing to bargain with Frehner Construction Co., Inc. (“Frehner”). The NLRB has submitted a cross-application for enforcement of the Board’s decision. The facts are known to the parties, and we do not repeat them here.

The Union argues that it had no obligation to bargain because Frehner was already bound to the terms of a collective-bargaining agreement negotiated by Associated General Contractors of America, Inc. (“AGC”). The Union asserts that the NLRB erred in determining that Frehner withdrew its proxy from AGC because the NLRB failed to apply general agency principles, failed to apply the standard under Retail Associates, Inc., 120 NLRB 388 (1958), and failed to find that Frehner’s withdrawal was ineffective under James Luterbach Construction Co., Inc., 315 NLRB 976 (1994).

Nothing in the NLRA or prior case law establishes that general agency principles must govern when determining whether a…