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VERIZON NEW ENGLAND INC. v. N.L.R.B.

No. 15-1062 Consolidated with 15-1087.

826 F.3d 480 (2016)

VERIZON NEW ENGLAND INC., Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent. Local 2324, International Brotherhood of Electrical Workers, AFL-CIO, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 21, 2016.

Attorney(s) appearing for the Case

Arthur G. Telegen , Boston, MA, argued the cause for petitioner. With him on the briefs was Sarah K. Hamilton.

Joel A. Heller , Attorney, National Labor Relations Board, argued the cause for petitioner. With him on the brief were Richard F. Griffin, Jr. , General Counsel, John H. Ferguson , Associate General Counsel, Linda Dreeben , Deputy Associate General Counsel, and Kira Dellinger Vol , Supervisory Attorney.

Alfred Gordon O'Connell , Boston, MA, argued the cause and filed the brief for intervenor.

Opinion concurring in part and dissenting in part filed by Circuit Judge SRINIVASAN.

When a union and an employer enter into a collective bargaining agreement, each party may waive certain rights they otherwise would possess under the National Labor Relations Act — for example, the union members' right to picket. In a collective bargaining agreement, the union and employer also may (and often do...

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