Cases

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA CAROLYN MCCONNELL, Plaintiff, v. Civil Action No. 25-723 (JEB) NATIONAL LABOR RELATIONS BOARD, Defendant. MEMORANDUM OPINION Who may speak for the trees? That is the question posed by Plaintiff Carolyn McConnell, a Seattle-based National Labor Relations Board at

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued February 23, 2017 Decided August 4, 2017 No. 15-1112 NATIONAL LABOR RELATIONS BOARD, PETITIONER v. CNN AMERICA, INC., RESPONDENT NATIONAL ASSOCIATION OF BROADCAST EMPLOYEES AND TECHNICIANS - COMMUNICATIONS WORKERS OF AMERICA, LOCAL UNION NO. 11 AND NATIONAL ASSOCIATIO

Opinion for the Court filed by Chief Judge SENTELLE. Concurring opinion filed by Circuit Judge GRIFFITH. SENTELLE, Chief Judge: Noel Canning petitions for review of a National Labor Relations Board (“NLRB” or “the Board”) decision finding that Noel Canning violated section 8(a)(1) and (5) of the National Labor Relations Act (“NLR

JAMES E. GRAVES, JR., Circuit Judge: Adams and Associates, Inc. (“Adams”) and McConnell, Jones, Lanier & Murphy LLP (“MJLM”) petition for review of an order of the National Labor Relations Board, holding them liable for unfair labor practices in violation of the National Labor Relations Act, 29 U.S.C. § 151 et seq. Adams and MJLM operate

Opinion for the Court filed by Senior Circuit Judge EDWARDS. EDWARDS, Senior Circuit Judge: Petitioner Alden Leeds, Inc. (“Alden Leeds” or “the Company”), seeks review of a Decision and Order issued by the National Labor Relations Board (“NLRB” or “the Board”) on July 19, 2011. The Board has filed a cross-application for enforcement. The United Food and C

LYNCH, Chief Judge. This labor case comes from the intersection of an employer’s desire to become more competitive by reducing costs and achieving greater efficiencies by consolidating two lab operations into one, and its obligations under national labor law to bargain with the union representing the affected employees. The National Labor Relations Board pe

*684 McCONNELL, Circuit Judge. Before us are consolidated applications brought by the National Labor Relations Board to enforce twin orders against CHS Community Health Systems, Inc. CHS argues that neither order should be enforced, because both stem from issues already litigated in a prior Board proceedi

McCONNELL, J., concurring in part and dissenting in part. In labor parlance, a “salt” is a volunteer or professional organizer for a labor union who takes a job with an employer for the purpose of helping the union organize the workplace. In NLRB v. Town & Country Electric, Inc., 516 U.S. 85, 116 S.Ct. 450, 133 L.Ed.2d 371 (1995), the Supreme Court held that a “sa

BRISCOE, Circuit Judge, concurring, with whom HENRY, Circuit Judge, joins. I concur in the result reached by the majority. I write separately because I am not persuaded that any deference is owed to the Board’s interpretation of the phrase “membership dues,” as used in section 302(c)(4) of the National Labor Relations Act, 29 U.S.C. § 186(c)(4). Section 302, although generally part of t

HARTZ, Circuit Judge. This appeal concerns whether three revenue-protection workers of the Public Service Company of Colorado (“PSC”) are “supervisors” under § 2(11) of the National Labor Relations Act (“NLRA” or “Act”), 29 U.S.C. § 152(11). After the International Brotherhood of Electrical Workers, Local 111 (“Union”) filed a petition seeking an election to determine whether the three workers desired representation by the U

ALDRICH, Senior Circuit Judge. The National Labor Relations Board (“the Board”) asks us to enforce its decision and order of October 31, 1996, finding that MeGaw of Puerto Rico, Inc. (“MeGaw” or “the Company”) engaged in various unfair labor practices in violation of Sections 8(a)(1) and (3) of the National Labor Relations Act (“the Act”). MeGaw responds that substantial evidence

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA VHS ACQUISITION SUBSIDIARY NO. 7, Plaintiff, v. Case No. 1:24-cv-02577 (TNM) NATIONAL LABOR RELATIONS BOARD, et al. Defendants. MEMORANDUM OPINION The National Labor Relations Board has charged a Massachusetts hospital with vi

OPINION WILKINSON, Circuit Judge: At issue in this case is the scope of the protections afforded employers by § 8(b)(1)(B) of the National Labor Relations Act. That section makes it an unfair labor practice for unions to restrain or coerce employers in their selection of collective bargaining representatives and grievance adjusters. The appeal before us stems from charges of § 8(b)(1)(B) violations brought b

BAILEY ALDRICH, Senior Circuit Judge. This is a petition to review an order of the National Labor Relations Board brought by Pegasus Broadcasting of San Juan, Inc., d/b/a WAPA-TV (the Company), with the usual cross-application by the Board for enforcement of its order. The Company was charged with violation of sections 8(a)(5) and (1) of the National Labor Relations Act (Act), 29

CAFFREY, Senior District Judge. In this appeal, Destilería Serrales, Inc. (“the Company” or “petitioner”) petitions this court to review and set aside an order of the National Labor Relations Board (“NLRB” or “the Board”) finding that the Company committed an unfair labor practice under sections 8(a)(5) and (1) of the National Labor Relations Act, 29 U.S.C. §§ 158(a)(5), (1). Th

BOWMAN, Circuit Judge. Nabisco, Inc., petitions this Court for review of a final order of the National Labor Relations Board compelling it, inter alia, to begin collective bargaining negotiations with the Union de Tronquistas de Puerto Rico, Local 901, associated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America

CLARK, Circuit Judge: The Wackenhut Corporation (Wackenhut) petitions this court for review of the order of the National Labor Relations Board finding that Wackenhut violated sections 8(a)(5) and (1) of the National Labor Relations Act 1 by refusing to bargain with its employees’ duly certified representative. The Board

Enforcement denied by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge DUNCAN joined. Judge DUNCAN wrote a separate concurring opinion. Judge DIAZ wrote an opinion concurring in part and dissenting in part. HAMILTON, Senior Circuit Judge: Before the court are two cases that we have consolidated. In the first case, Enterprise Leasing Company — Southeast, LLC (Enterprise) seeks review

OPINION SMITH, Circuit Judge. The Recess Appointments Clause in the Constitution provides that “[t]he President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.” U.S. Const, art. II, § 2, cl. 3. The central question in this case is the meaning of “the Recess of the Senate,” which is the o

OPINION AND ORDER PIERAS, District Judge. Petitioner Asseo, a Regional Director of the National Labor Relations Board (NLRB), has petitioned the Court for an injunction reinstating certain employees of respondent Molex Caribe and ordering respondent to cease and desist from certain specified activities which may constitute unfair labor practices under section 8(a) of the Labor Management Relations (Taft-Hartle