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PA STATE CORRECTIONS OFFICERS ASSOCIATION v. NLRB

No. 16-1328 Consolidated with 16-1396.

894 F.3d 370 (2018)

PENNSYLVANIA STATE CORRECTIONS OFFICERS ASSOCIATION, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided July 6, 2018.

Attorney(s) appearing for the Case

Michael McAuliffe Miller , Harrisburg, PA, argued the cause for petitioner. With him on the briefs was Edward R. Noonan , Washington, DC.

Micah P.S. Jost , 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 Robert J. Englehart , Supervisory Attorney. Ruth E. Burdick , Deputy Assistant General Counsel, entered an appearance.

Dissenting opinion filed by Circuit Judge Henderson.

The Pennsylvania State Corrections Officers Association (the Employer) petitions for review of an order of the National Labor Relations Board holding it had committed an unfair labor practice by failing to bargain with the Business Agents Representing State Union Employees Association (the Union) before terminating...

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