McKINNEY v. OZBURN-HESSEY LOGISTICS, LLC

No. 15-5211.

875 F.3d 333 (2017)

M. Kathleen McKINNEY, Regional Director of the Fifteenth Region of the National Labor Relations Board, for and on behalf of the National Labor Relations Board, Petitioner-Appellee, v. OZBURN-HESSEY LOGISTICS, LLC, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 9, 2017.


Attorney(s) appearing for the Case

ARGUED: Ben H. Bodzy , BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC, Nashville, Tennessee, for Appellant. Laura T. Vazquez , NATIONAL LABOR RELATIONS BOARD, Washington, D.C., for Appellee. ON BRIEF: Ben H. Bodzy , BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC, Nashville, Tennessee, for Appellant. Laura T. Vazquez , Elinor L. Merberg , Jessica Rutter , NATIONAL LABOR RELATIONS BOARD, Washington, D.C., for Appellee.

Before: SUHRHEINRICH, GRIFFIN, and KETHLEDGE, Circuit Judges.


OPINION

This case is one in a long series of disputes between the National Labor Relations Board ("NLRB" or "Board") and Ozburn-Hessey Logistics ("OHL"). In this instance, OHL reassigned one employee — Jennifer Smith — and terminated another — Nate Jones. M. Kathleen McKinney ("McKinney...

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