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IEC-HOUSTON v. N.L.R.B.

No. 10-60822.

720 F.3d 543 (2013)

INDEPENDENT ELECTRICAL CONTRACTORS OF HOUSTON, INCORPORATED, Petitioner-Cross-Respondent v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

June 17, 2013.

Attorney(s) appearing for the Case

Frank Louis Carrabba, Esq. , Law Office of Frank L. Carrabba, P.C., Houston, TX, for Petitioner-Cross-Respondent.

Linda Dreeben, Esq. , Deputy Associate General Counsel, Jill A. Criffin, Esq. , Supervisory Attorney, Kira Dellinger Vol , National Labor Relations Board, Appellate Court Branch, Washington, DC, Martha Elaine Kinard, Esq. , Director, National Labor Relations Board, Fort Worth, TX, for Respondent-Cross-Petitioner.

Patrick M. Flynn, Esq. , Houston, TX, Nora Leyland, Esq. , Sherman, Dunn, Cohen, Leifer & Yellig, P.C., Washington, DC, for Intervener.

Before JONES, WIENER, and GRAVES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

A trade group representing over a hundred electrical contractors, Independent Electrical Contractors of Houston ("IEC-Houston"), petitions for review of two National Labor Relations Board orders dated August 27 and September 30, 2010. NLRB cross-petitions for enforcement of the August 27, 2010 order. Because we conclude that the Board denied IEC-Houston due process of law and misapplied its own precedents, we grant the petition for review...

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