N.L.R.B. v. ARKEMA, INC.

No. 11-60877.

710 F.3d 308 (2013)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ARKEMA, INCORPORATED, Respondent.

United States Court of Appeals, Fifth Circuit.

February 28, 2013.


Attorney(s) appearing for the Case

Linda Dreeben , Deputy Associate General Counsel, Ruth E. Burdick , Martha Elaine Kinard , Director, David A. Seid , Barbara Ann Sheehy , National Labor Relations Board, Appellate Court Branch, Washington, DC, for Petitioner.

Alfred John Harper, II , Morgan, Lewis & Bockius, L.L.P., Bernard Lincoln Middleton , Provost Umphrey Law Firm, L.L.P., Houston, TX, for Respondent.

Before DAVIS, JONES, and SMITH, Circuit Judges.


JERRY E. SMITH, Circuit Judge.

The National Labor Relations Board ("NLRB" or "Board") applies for enforcement of its order upholding a decision of an administrative law judge ("ALJ") invalidating a decertification election based on findings that Arkema, Incorporated ("Arkema"), violated the National Labor Relations Act ("NLRA" or the "Act"), before an election, by disciplining an employee for alleged harassment and sending an anti-harassment policy to employees. The...

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