FLEX FRAC LOGISTICS, L.L.C. v. N.L.R.B.

No. 12-60752.

746 F.3d 205 (2014)

FLEX FRAC LOGISTICS, L.L.C.; Silver Eagle Logistics, L.L.C., Petitioners/Cross-Respondents, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

March 24, 2014.


Attorney(s) appearing for the Case

Scott Edmund Hayes, Esq. , Vincent Lopez Serafino Jenevein, P.C., Dallas, TX, for Petitioners/Cross-Respondents.

Linda Dreeben, Esq. , Deputy Associate General Counsel, Jared David Cantor , Attorney, Martha Elaine Kinard, Esq. , Director, Robert James Englehart , Supervisory Attorney, National Labor Relations Board, Beth S. Brinkmann, Esq. , Benjamin M. Shultz , U.S. Department of Justice, Washington, DC, for Respondent/Cross-Petitioner.

Before STEWART, Chief Judge, and HIGGINBOTHAM and JONES, Circuit Judges.


CARL E. STEWART, Chief Judge:

Flex Frac Logistics, L.L.C. and Silver Eagle Logistics, L.L.C. (collectively, "Flex Frac")1 petition for review of an order by the National Labor Relations Board ("NLRB") holding that Flex Frac's employee confidentiality policy is an unfair labor practice in violation of Section 8(a)(1) of the National Labor Relations Act ("NLRA"). The NLRB cross-petitions for enforcement of the order. We DENY Flex Frac's...

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