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MEDCO HEALTH SOLUTIONS OF LAS VEGAS v. N.L.R.B.

Nos. 11-1282, 11-1321.

701 F.3d 710 (2012)

MEDCO HEALTH SOLUTIONS OF LAS VEGAS, INC., Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC, Local 675, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 14, 2012.

Attorney(s) appearing for the Case

Marc L. Zaken argued the cause and filed the briefs for petitioner.

Amy H. Ginn , Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were John H. Ferguson , Associate General Counsel, David Habenstreit , Assistant General Counsel, and Jill A. Griffin , Supervisory Attorney. Daniel A. Blitz , Attorney, entered an appearance.

Amanda M. Fisher argued the cause and filed the brief for intervenor. Daniel M. Kovalik entered an appearance.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge:

This case arises mainly from an employer's belief that exclaiming "WOW" to celebrate workers' special achievements would hearten the workers and quicken their zeal. As so often in human relationships, things proved more complicated.

Petitioner Medco Health Solutions of Las Vegas, Inc. is a pharmacy benefits management company that sells pharmaceuticals out of a mail-order facility in Las Vegas, Nevada. It receives and fills...

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