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DIXIE ELEC. MEMBERSHIP CORP. v. N.L.R.B.

No. 15-60063.

814 F.3d 752 (2016)

DIXIE ELECTRIC MEMBERSHIP CORPORATION, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

February 25, 2016.

Attorney(s) appearing for the Case

David J. Shelby, II (argued), Mary Lenore Feeney, Esq. , Attorney, Taylor, Porter, Brooks & Phillips, L.L.P., Baton Rouge, LA, for Petitioner/Cross-Respondent.

Linda Dreeben, Esq. , Deputy Associate General Counsel, Julie Brock Broido , Supervisory Attorney, Michael Randall Hickson (argued) , National Labor Relations Board, Kathryn M. McKinney , U.S. Department of Justice, Washington, DC, Respondent/Cross-Petitioner.

Before HIGGINBOTHAM, SOUTHWICK, and HIGGINSON, Circuit Judges.

Dixie Electric Membership Corporation reclassified two categories of employees as supervisors, which caused those employees to be excluded from the bargaining unit covered by a collective bargaining agreement. The National Labor Relations Board concluded the corporation committed an unfair labor practice. Dixie...

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