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CELLCO PARTNERSHIP v. N.L.R.B.

No. 17-1158 Consolidated with 17-1165.

892 F.3d 1256 (2018)

CELLCO PARTNERSHIP, d/b/a Verizon Wireless, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent Communications Workers of America, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 19, 2018.

Attorney(s) appearing for the Case

Arthur G. Telegen argued the cause for petitioner. With him on the briefs were Robert A. Fisher and N. Skelly Harper .

Barbara A. Sheehy , Attorney, National Labor Relations Board, argued the cause for respondent. On the brief were Peter B. Robb , General Counsel, Linda Dreeben , Deputy Associate General Counsel, Usha Dheenan , Supervisory Attorney, and Jared D. Cantor , Attorney.

Before: Garland, Chief Judge, Pillard, Circuit Judge, and Silberman, Senior Circuit Judge.

It is rare that we reject a Labor Board finding based simply on a lack of substantial evidence. This is such a case. Here the Board accepted an ALJ's finding that Petitioner Verizon's discharge of an employee for lying during an investigation was a pretext to rid the company of a prominent...

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