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EQUINOX HOLDINGS, INC. v. N.L.R.B.

No. 16-1427 Consolidated with 17-1013.

883 F.3d 935 (2018)

EQUINOX HOLDINGS, INC., Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent Service Employees International Union, Local 87, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 6, 2018.

Attorney(s) appearing for the Case

Kenneth F. Sparks , Chicago, IL, argued the cause for petitioner. With him on the briefs was Mark L. Stolzenburg , Chicago, IL.

David Casserly , Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Richard F. Griffin, Jr. , General Counsel, John H. Ferguson , Associate General Counsel, Linda Dreeben , Deputy Associate General Counsel, and Elizabeth A. Heaney , Supervisory Attorney.

Hunter Pyle argued the cause and filed the brief for intervenor.

Before: Wilkins, Circuit Judge, and Edwards and Silberman, Senior Circuit Judges.

Petitioner seeks review of a National Labor Relations Board determination that it violated Sections 8(a)(5) and (1) of the National Labor Relations Act by refusing to bargain with Service Employees International Union Local 87. Its defense is that the Board unreasonably discounted two threats that tainted the election...

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