AEROTEK, INC. v. N.L.R.B.

No. 16-4520, No. 17-1206.

883 F.3d 725 (2018)

AEROTEK, INC., Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent. International Brotherhood of Electrical Workers, Local 22, Intervenor. Aerotek, Inc., Respondent v. National Labor Relations Board, Petitioner. International Brotherhood of Electrical Workers, Local 22, Intervenor.

United States Court of Appeals, Eighth Circuit.

Filed: February 21, 2018.


Attorney(s) appearing for the Case

Kelly Marie Ekeler , LITTLER & MENDELSON, Kansas City, MO, Mark A. Freeman , Thomas R. Freeman , FREEMAN & FREEMAN, Rockville, MD, Patricia J. Martin , LITTLER & MENDELSON, Saint Louis, MO, for Petitioner.

Linda Dreeben , Deputy Associate General Counsel, Jill A. Griffin , Supervisory Attorney, Joel Abraham Heller , Daniel L. Hubbel , Gary Shinners , NATIONAL LABOR RELATIONS BOARD, Washington, DC, Lori D. Elrod , BLAKE & UHLIG, Kansas City, KS, for Respondent.

Before GRUENDER, MELLOY, and SHEPHERD, Circuit Judges.


We are asked two separate but interrelated questions on this appeal. First, did the National Labor Relations Board ("Board") have enough evidence to find that Aerotek, Inc. ("Aerotek") violated the National Labor Relations Act ("NLRA")? If so, second, is the remedy the Board ordered within its discretion? We answer the former...

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