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ONCOR ELEC. DELIVERY CO. LLC v. N.L.R.B.

No. 16-1278. Consolidated with 16-1341.

887 F.3d 488 (2018)

ONCOR ELECTRIC DELIVERY COMPANY LLC, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent. International Brotherhood of Electrical Workers, Local Union No. 69, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 13, 2018.

Attorney(s) appearing for the Case

David C. Lonergan argued the cause for petitioner. With him on the briefs were Robert T. Dumbacher and Amber M. Rogers . Atlanta, GA.

David Casserly , Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Richard F. Griffin, Jr. , General Counsel at the time the brief was filed, John H. Ferguson , Associate General Counsel, Linda Dreeben , Deputy Associate General Counsel, and Kira Dellinger Vol , Supervisory Attorney.

Hal K. Gillespie , Dallas, TX, argued the cause and filed the brief for intervenor.

Before: Millett and Pillard, Circuit Judges, and Williams, Senior Circuit Judge.

The National Labor Relations Act (the "Act") protects the right of employees to "engage in ... concerted activities for the purpose of collective bargaining or other mutual aid or protection." 29 U.S.C. § 157. Under some circumstances those protected activities include employee appeals to third parties standing...

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