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

No. 16-60715.

882 F.3d 510 (2018)

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

United States Court of Appeals, Fifth Circuit.

FILED February 14, 2018.

Attorney(s) appearing for the Case

Clyde H. Jacob, III, Esq. , Fisher & Phillips, L.L.P., New Orleans, LA, 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 Region 15, New Orleans, LA, for Respondent Cross-Petitioner.

Brian Hayes, Esq. , Ogletree, Deakins, Nash, Smoak & Stewart, 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.

The opinion previously issued in this case is withdrawn, and the following opinion is substituted therefor:

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

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