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CANNING v. N.L.R.B.

Nos. 12-1115, 12-1153.

705 F.3d 490 (2013)

Noel CANNING, a Division of the Noel Corporation, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent International Brotherhood Of Teamsters Local 760, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 25, 2013.

Attorney(s) appearing for the Case

Noel J. Francisco argued the cause for petitioner. With him on the briefs were G. Roger King , James M. Burnham , and Gary E. Lofland .

Miguel A. Estrada argued the cause for amici curiae Senate Republican Leader Mitch McConnell and 41 other members of the United States Senate in support of petitioner/cross-respondent Noel Canning.

Jay Alan Sekulow was on the brief for amicus curiae The Speaker of the United States House of Representatives, John Boehner, in support of petitioner. John N. Raudabaugh entered an appearance.

Glenn M. Taubman , William L. Messenger , Richard P. Hutchison , and Mark R. Levin were on the brief for amici curiae Landmark Legal Foundation, et al. in support of petitioner.

Beth S. Brinkmann , Deputy Assistant Attorney General, U.S. Department of Justice, and Elizabeth A. Heaney , Attorney, National Labor Relations Board, argued the causes for respondent. With them on the brief were Stuart F. Delery , Acting Assistant Attorney General, Scott R. McIntosh , Sarang V. Damle , Melissa N. Patterson , and Benjamin M. Shultz , Attorneys, John H. Ferguson , Associate General Counsel, National Labor Relations Board, Linda Dreeben , Deputy Associate General Counsel, and Jill A. Griffin , Attorney.

James B. Coppess argued the cause for intervenor. With him on the brief were Bradley T. Raymond and Laurence Gold .

Victor Williams, pro se, filed the brief for amicus curiae Professor Victor Williams.

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 ("NLRA"), 29 U.S.C. § 158(a)(1), (5), by refusing to reduce to writing and execute a collective bargaining agreement reached with Teamsters Local 760 ("the Union"). See Noel Canning, A Division of the Noel Corp., 358 N.L.R.B. No. 4, 2012...

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