BE K CONSTRUCTION CO. v. N.L.R.B

Full title: BEK CONSTRUCTION COMPANY, Petitioner Cross-Respondent, v. NATIONAL LABOR…

Court: United States Court of Appeals, Sixth Circuit

Date published: Sep 4, 2003

346 F.3d 617 (6th Cir. 2003)

Opinion

Nos. 99-6469, 00-5012.

September 4, 2003.

Before: DAUGHTREY, GILMAN, Circuit Judges, and COLLIER, District Judge.^_

_ The Honorable Curtis L. Collier, United States District Judge for the Eastern District of Tennessee, sitting by designation.

Now before us is the petitioners motion to rehear, in which BEK 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 BEK Construction Company v. National Labor Relations Board, 536 U.S. 516, 122 S.Ct. 2390, 153 L.Ed.2d 499 (2002).