CREATIVE VISION RESOURCES, L.L.C. v. N.L.R.B.

No. 16-60715.

872 F.3d 274 (2017)

CREATIVE VISION RESOURCES, L.L.C., Petitioner Cross-Respondent v. NATIONAL LABOR RELATIONS BOARD, Respondent Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

September 25, 2017.


Attorney(s) appearing for the Case

Clyde H. Jacob, III, Esq. , Amanda Wingfield Goldman , Coats, Rose, Yale, Ryman & Lee, P.C., New Orleans, LA, for Petitioner Cross-Respondent.

Linda Dreeben, Esq. , Deputy Associate General Counsel, Usha Dheenan , Kellie Isbell, Esq. , National Labor Relations Board, Appellate & Supreme Court Litigation Branch, Washington, DC, M. Kathleen McKinney , National Labor Relations Board, New Orleans, LA, for Respondent Cross-Petitioner.

Brian Hayes, Esq. , Ogletree Deakins, P.C., Washington, DC, Jenn Betts , Ogletree Deakins, P.C., Pittsburgh, PA, Todd Clifford Duffield , Ogletree Deakins, P.C., Atlanta, GA, Janet Galeria , Warren Postman , U.S. Chamber Litigation Center, Washington, DC, Gavin Samuel Martinson , Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Dallas, TX, for Amicus Curiae Chamber of Commerce of the United States of America.

Before KING, PRADO, and SOUTHWICK, Circuit Judges.


Creative Vision Resources, L.L.C., succeeded another company as the staffing provider for garbage trucks in New Orleans. It set its own initial terms and conditions of employment instead of bargaining with the incumbent union. The union filed an unfair-labor-practice charge against Creative, alleging violations under Section...

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