Be&k Construction Co. v. National Labor Relations Board

Sixth Circuit

Be&k Construction Co. v. National Labor Relations Board

346 F.3d 617, 2003 U.S. App. LEXIS 19052

CourtCourt of Appeals for the Sixth Circuit

DecidedSeptember 4, 2003

DocketNos. 99-6469, 00-5012

StatusPublished

Cited by1 cases

This text of 346 F.3d 617 (Be&k Construction Co. v. National Labor Relations Board) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Be&k Construction Co. v. National Labor Relations Board, 346 F.3d 617, 2003 U.S. App. LEXIS 19052 (6th Cir. 2003).

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Opinion

Now before us is the petitioners motion to rehear, in which BE&K Construction argues both that our prior order of remand to the district court is too limited and that it is unwarranted. We have the NLRB’s response agreeing with the petitioner’s first argument and arguing for an unlimited remand. We have also accepted and reviewed the response of the intervenors.

Upon further consideration, we grant the petition to rehear and amend the previous order of remand to read as follows:

The case is hereby REMANDED to the National Labor Relations Board for further proceedings consistent with the United States Supreme Court’s decision in BE&K Construction Company v. National Labor Relations Board, 536 U.S. 516, 122 S.Ct. 2390, 153 L.Ed.2d 499 (2002).

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Now before us is the petitioners motion to rehear, in which BE&K Construction argues both that our prior order of remand to the district court is too limited and that it is unwarranted. We have the NLRB’s response agreeing with the petitioner’s first argument and arguing for an unlimited remand. We have also accepted and reviewed the response of the intervenors.

Upon further consideration, we grant the petition to rehear and amend the previous order of remand to read as follows:

The case is hereby REMANDED to the National Labor Relations Board for further proceedings consistent with the United States Supreme Court’s decision in BE&K Construction Company v. National Labor Relations Board, 536 U.S. 516, 122 S.Ct. 2390, 153 L.Ed.2d 499 (2002).

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346 F.3d 617, 2003 U.S. App. LEXIS 19052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bek-construction-co-v-national-labor-relations-board-ca6-2003.

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