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VOICES FOR INT'L BUSINESS AND EDUC. v. NLRB

No. 17-60364.

905 F.3d 770 (2018)

VOICES FOR INTERNATIONAL BUSINESS AND EDUCATION, INCORPORATED, doing business as International High School of New Orleans, Petitioner Cross-Respondent v. NATIONAL LABOR RELATIONS BOARD, Respondent Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

FILED September 21, 2018.

Attorney(s) appearing for the Case

Martin A. Stern , Adams & Reese, L.L.P., New Orleans, LA, Aaron Gavin McLeod , Attorney, Adams & Reese, L.L.P., Birmingham, AL, for Petitioner Cross-Respondent.

Linda Dreeben, Esq. , Deputy Associate General Counsel, Elizabeth Ann Heaney, Esq. , Gregory Paul Lauro , Trial Attorney, National Labor Relations Board, Appellate & Supreme Court Litigation Branch, Washington, DC, M. Kathleen McKinney , National Labor Relations Board, Region 15, New Orleans, LA, for Respondent Cross-Petitioner.

Louis L. Robein, Jr. , Nancy Picard , Julie M. Richard-Spencer, Esq. , Robein, Urann, Spencer, Picard & Cangemi, A.P.L.C., Metairie, LA, for Intervenor.

Thomas A. Fuller , Fuller Law Group, P.L.L.C., Arlington, TX, for Amici Curiae.

Before ELROD, COSTA, and HO, Circuit Judges.

The National Labor Relations Act does not apply to a "political subdivision" of a state. 29 U.S.C. § 152(2). We decide whether a Louisiana charter school qualifies for that exemption from federal labor law.

I.

Nowhere in the country has the charter school movement garnered a greater foothold than...

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