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N.L.R.B. v. FEDEX FREIGHT, INC.

No. 15-2585, No. 15-2712.

832 F.3d 432 (2016)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. FEDEX FREIGHT, INC., Respondent. FedEx Freight, Inc., Petitioner, v. National Labor Relations Board, Respondent.

United States Court of Appeals, Third Circuit.

Filed: August 9, 2016.

Attorney(s) appearing for the Case

Linda Dreeben , Jill A. Griffin , Milakshmi V. Rajapakse [ARGUED], National Labor Relations Board, 1015 Half Street, SE, Washington, DC 20570, Counsel for National Labor Relations Board.

Brett M. Anders , Jackson Lewis , 220 Headquarters Plaza East Tower, 7th Floor Morristown, NJ 07960, David A. Prather , Ivan Rich, Jr. [ARGUED], FedEx Freight Corp, 1715 Aaron Brenner Drive, Suite 600, Memphis, TN 38120, Counsel for FedEx Freight, Inc.

Before: AMBRO, JORDAN, and SCIRICA, Circuit Judges.

OPINION

The National Labor Relations Board certified a collective-bargaining unit comprised of FedEx Freight, Inc. drivers at FedEx's South Brunswick Terminal in Monmouth Junction, New Jersey. To test the appropriateness of the unit, FedEx refused to bargain with the unit's certified bargaining representative, Local...

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