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FIRSTENERGY GENERATION, LLC v. N.L.R.B.

Nos. 18-1654/1782.

929 F.3d 321 (2019)

FIRSTENERGY GENERATION, LLC, a wholly owned subsidiary of FirstEnergy Corporation, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 2, 2019.

Attorney(s) appearing for the Case

ARGUED: Peter N. Kirsanow , BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP, Cleveland, Ohio, for Petitioner/Cross-Respondent. Barbara Ann Sheehy , NATIONAL LABOR RELATIONS BOARD, Washington, D.C., for Respondent/Cross-Petitioner. ON BRIEF: Peter N. Kirsanow , Richard E. Hepp , BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP, Cleveland, Ohio, for Petitioner/Cross-Respondent. Barbara Ann Sheehy , Usha Dheenan , David Habenstreit , NATIONAL LABOR RELATIONS BOARD, Washington, D.C., for Respondent/Cross-Petitioner.

Before: SUHRHEINRICH, BUSH and READLER, Circuit Judges.

OPINION

An employer violates the National Labor Relations Act when it takes unilateral action relative to any mandatory subject of collective bargaining. See NLRB v. Katz, 369 U.S. 736, 743, 82 S.Ct. 1107, 8 L.Ed.2d 230 (1962). In this case the International Brotherhood...

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