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FIRST STUDENT v. NATIONAL LABOR RELATIONS BOARD

No. 18-1091 Consolidated with 18-1153.

935 F.3d 604 (2019)

FIRST STUDENT, INC., A Division of First Group America, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers International Union, AFL-CIO/CLC, Local 9036, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided September 3, 2019.

Attorney(s) appearing for the Case

David A. Kadela , Columbus, OH, argued the cause for petitioner, First Student, Inc. With him on the briefs was Erik Hult.

Angelo I. Amador , Robert S. Seigel , St. Louis, MO, Howard M. Bloom , Boston, MA, Michael T. Mortensen , Dallas, TX, and Collin O'Connor Udell , Hartford, CT, were on the brief for amicus curiae Restaurant Law Center in support of petitioner/cross-respondent.

David Casserly , Attorney, National Labor Relations Board, argued the cause for respondent, National Labor Relations Board. With him on the brief were Peter B. Robb , General Counsel, John W. Kyle , Deputy General Counsel, David Habenstreit , Assistant General Counsel, and Kira Dellinger Vol , Supervisory Attorney.

Maneesh Sharma argued the cause for intervenor Union. With him on the brief was Amanda M. Fisher .

Opinion concurring in part and dissenting in part filed by Senior Circuit Judge Silberman.

This case involves a successor employer and application of the "perfectly clear" successor doctrine stemming from NLRB v. Burns International Security Services, Inc., 406 U.S. 272, 92 S.Ct. 1571, 32 L.Ed.2d 61 (1972). First Student, Inc. is the largest provider of school transportation...

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