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SOUTHERN NUCLEAR OPERATING CO. v. N.L.R.B.

No. 07-1035.

524 F.3d 1350 (2008)

SOUTHERN NUCLEAR OPERATING COMPANY, et al., Petitioners v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided May 6, 2008.

Attorney(s) appearing for the Case

Seth T. Ford argued the cause for petitioners. With him on the briefs were Robert H. Buckler and Evan H. Pontz.

Jeffrey J. Barham, Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Ronald E. Meisburg, General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Assistant General Counsel, and Fred B. Jacob, Supervisory Attorney.

Opinion for the Court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge:

In 2000, four subsidiaries of the Southern Company made modifications to the health-care and life-insurance benefits of their future retirees without negotiating with their employees' unions. The unions filed unfair labor practice charges against these subsidiaries, and the National Labor Relations Board determined that the subsidiaries violated Sections 8(a)(1) and 8(a)(5) of the National Labor...

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