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DISH NETWORK v. NATIONAL LABOR RELATIONS BOARD

No. 18-60522.

953 F.3d 370 (2020)

DISH NETWORK CORPORATION, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

REVISED March 24, 2020.

Attorney(s) appearing for the Case

Eric Shumsky , Benjamin Aiken , Orrick, Randall Smith , Herrington & Sutcliffe, L.L.P., Washington, DC, for Petitioner Cross-Respondent.

David S. Habenstreit , David Casserly , Kira Dellinger Vol , National Labor Relations Board, Appellate & Supreme Court Litigation Branch, Washington, DC, Timothy L. Watson , National Labor Relations Board, Region 16, Fort Worth, TX, for Respondent Cross-Petitioner.

Matthew G. Holder , David Van Os & Associates, P.C., San Antonio, TX, for Intervenor.

Before SOUTHWICK, WILLETT, and OLDHAM, Circuit Judges.

DISH negotiated with a labor union for more than four years. Eventually, DISH got tired and determined the parties were at an impasse. The question presented is whether the National Labor Relations Board had substantial evidence to gainsay DISH's impasse determination and penalize the employer for refusing still...

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