CONSOL. COMMUNICATIONS, INC. v. N.L.R.B.

No. 14-1135 Consolidated with 14-1140.

837 F.3d 1 (2016)

CONSOLIDATED COMMUNICATIONS, INC., doing business as Illinois Consolidated Telephone Company, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent International Brotherhood of Electrical Workers, AFL-CIO, Local 702, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided September 13, 2016.


Attorney(s) appearing for the Case

Robert T. Dumbacher , Atlanta, GA, argued the cause for petitioner. With him on the briefs were Kurt G. Larkin , Richmond, VA, David C. Lonergan , and Amber M. Rogers , Dallas, TX.

Joel A. Heller , Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Richard F. Griffin, Jr. , General Counsel, John H. Ferguson , Associate General Counsel, Linda Dreeben , Deputy Associate General Counsel, and Jill A. Griffin , Supervisory Attorney.

Christopher N. Grant , Saint Louis, MO, argued the cause and filed the brief for intervenor.

Concurring opinion filed by Circuit Judge MILLETT.


After collective-bargaining negotiations soured between Consolidated Communications, Inc. ("Consolidated") and the International Brotherhood of Electrical Workers, AFL-CIO, Local 702 ("Union"), Union members launched a strike at several company facilities. After the dust settled and the strikers returned to work, Consolidated...

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