OZBURN-HESSEY LOGISTICS v. NLRB

Nos. 18-2103/2217.

939 F.3d 777 (2019)

OZBURN-HESSEY LOGISTICS, LLC, dba Geodis Logistics, LLC, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO-CLC, Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 24, 2019.


Attorney(s) appearing for the Case

ARGUED: Benjamin H. Bodzy , GEODIS LOGISTICS, INC., Nashville, Tennessee, for Petitioner/Cross-Respondent. Steven A. Bieszczat , NATIONAL LABOR RELATIONS BOARD, Washington, D.C., for Respondent/Cross-Petitioner. ON BRIEF: Benjamin H. Bodzy , GEODIS LOGISTICS, INC., Nashville, Tennessee, Stephen D. Goodwin , BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC, Memphis, Tennessee, for Petitioner/Cross-Respondent. Steven A. Bieszczat , Elizabeth A. Heaney , David Habenstreit , NATIONAL LABOR RELATIONS BOARD, Washington, D.C., for Respondent/Cross-Petitioner. Keren Wheeler , UNITED STEELWORKERS, Pittsburgh, Pennsylvania, for Intervenor.

Before: SUTTON, GRIFFIN, and READLER, Circuit Judges.


OPINION

Petitioner Ozburn-Hessey Logistics, LLC ("OHL") and the National Labor Relations Board ("NLRB" or "Board") have what can only be described as "a long and acrimonious history," during which OHL has engaged in a multitude of unfair labor practices and anti-union activity. McKinney v. Ozburn-Hessey Logistics...

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