CONVERGYS CORP. v. N.L.R.B.

No. 15-60860.

866 F.3d 635 (2017)

CONVERGYS CORPORATION, Petitioner Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

August 7, 2017.


Attorney(s) appearing for the Case

Jennifer Rose Asbrock, Esq. , Frost Brown Todd, L.L.C., 32nd Floor, 400 W. Market Street, Louisville, KY 40202-3363, Lynda Hill , Frost Brown Todd, L.L.C., Suite 1900, 150 3rd Avenue, S., Nashville, TN 37201, George E. Yund, Esq. , Frost Brown Todd, L.L.C., 301 E. 4th Street, Great American Tower Cincinnati, OH 45202, for Petitioner Cross-Respondent.

Linda Dreeben, Esq. , Deputy Associate General Counsel, National Labor Relations Board, Appellate & Supreme Court Litigation Branch, Suite 4163, 1015 Half Street, S.E. Washington, DC 20570, Richard F. Griffin, Jr. , National Labor Relations Board, Appellate & Supreme Court Litigation Branch, 1015 Half Street, S.E. Washington, DC 20570, Daniel L. Hubbel , Room 8.302, 1222 Spruce Street, Saint Louis, MO 63103-2829, Martha Elaine Kinard, Esq. , Director, National Labor Relations Board, Region 16, Room 8A24, 819 Taylor Street, Fort Worth, TX 76102-6178, Gregoire Sauter , National Labor Relations Board, Appellate & Supreme Court Litigation Branch, 1015 Half Street, S.E., Washington, DC 20570, Kira Dellinger Vol , National Labor Relations Board Appellate & Supreme Court Litigation Branch, Room 4129, 1015 Half Street, S.E. Washington, DC 20570, for Respondent Cross-Petitioner.

Before HIGGINBOTHAM, ELROD, and HIGGINSON, Circuit Judges.


The National Labor Relations Board determined that Convergys violated the National Labor Relations Act both by requiring job applicants to sign a class and collective action waiver and by subsequently seeking to enforce the waiver. Convergys seeks review of the Board's determination, arguing that it conflicts...

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