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T-MOBILE USA, INC. v. N.L.R.B.

No. 16-60284 Consolidated with 16-60497.

865 F.3d 265 (2017)

T-MOBILE USA, INCORPORATED, Petitioner-Cross Respondent v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross Petitioner. National Labor Relations Board, Petitioner v. MetroPCS Communications, Incorporated, Respondent.

United States Court of Appeals, Fifth Circuit.

FILED July 25, 2017.

Attorney(s) appearing for the Case

Paul Alfred Salvatore, Esq. , Mark David Harris , Proskauer, New York, NY, Irina Constantin , Mark Theodore , Proskauer, Los Angeles, CA, Daniel Jerome Davis , Proskauer, Washington, DC, Howard Shapiro, Esq. , Proskauer, New Orleans, LA, for Petitioner.

Linda Dreeben, Esq. , Deputy Associate General Counsel, Robert James Englehart , Supervisory Attorney, Eric Weitz , National Labor Relations Board, Appellate & Supreme Court Litigation Branch, Washington, DC, Karen P. Fernbach , National Labor Relations Board, New York, NY, Claude T. Harrell, Jr. , Atlanta, GA, Daniel L. Hubbel , Rotimi Solanke , National Labor Relations Board, Saint Louis, MO, Cornele A. Overstreet , National Labor Relations Board, Phoenix, AZ, for Respondent.

James B. Coppess , AFL-CIO, Washington, DC, for Intervenor.

Before KING, JOLLY, and PRADO, Circuit Judges.

In this appeal, the National Labor Relations Board ("NLRB" or "Board") challenges certain T-Mobile1 workplace rules, which it contends prohibit employees from exercising unionizing rights.

T-Mobile's employee handbook (1) encouraged employees to "maintain a positive work environment...

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