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IN-N-OUT BURGER, INC. v. N.L.R.B.

No. 17-60241.

894 F.3d 707 (2018)

IN-N-OUT BURGER, INCORPORATED, Petitioner Cross-Respondent v. NATIONAL LABOR RELATIONS BOARD, Respondent Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

July 6, 2018.

Attorney(s) appearing for the Case

Bruce J. Sarchet , Littler Mendelson, Sacramento, Edward F. Berbarie , Littler Mendelson, P.C., Dallas, for Petitioner Cross-Respondent.

Linda Dreeben, Esq. , Deputy Associate General Counsel, Elizabeth Ann Heaney, Esq. , National Labor Relations Board Appellate & Supreme Court Litigation Branch, Washington, Mischa Kristian Bauermeister, Esq. , Timothy L. Watson , National Labor Relations Board, Fort Worth, TX, for Respondent Cross-Petitioner.

Before KING, ELROD, and GRAVES, Circuit Judges.

In April 2015, employees at an In-N-Out Burger in Austin, Texas wore buttons demonstrating solidarity with the "Fight for $15" campaign, a national movement advocating for a $15 per hour minimum wage, the right to form a union without intimidation, and other improvements for low-wage workers.

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