Mcdonald Partners, Inc. v. National Labor Relations Board

Argued March 7, 2003 Concurring opinion filed by Circuit Judge ROGERS. Rodgers & McDonald Graphics, a Los Angeles area commercial printer, refused to bargain with the Communications Workers of America, Local 14904, AFL-CIO-CLC (""Local 14904""), after a collective bargaining agreement expired, claiming that it had a good-faith reasonable doubt of the union's majority status. The National Labor Relations Board rejected the claim and held that the company's refusal to bargain violated Section 8(a)(1) and (5) of the National Labor Relations Act, 29 U.S.C. § 158(a)(1) & (5). McDonald Partners, Inc., 336 N.L.R.B. No. 74, 2001 WL 1261811, at *1, *4 (Oct. 1, 2001). The company petitions for review and the Board cross-applies for enforcement of its affirmative bargaining order.