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INTERNATIONAL BHD. OF ELECTRICAL WORKERS v. NLRB

No. 19-60616.

973 F.3d 451 (2020)

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFLCIO, CLC, LOCAL UNIONS 605 AND 985, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Fifth Circuit.

FILED September 2, 2020.

Attorney(s) appearing for the Case

Lucas Robert Jason Aubrey , Jonathan D. Newman , Bart Sheard , Attorney, Sherman, Dunn, Cohen, Leifer & Yellig, P.C., Washington, DC, for Petitioner.

David S. Habenstreit , Joel Abraham Heller , M. Kathleen McKinney , Roxanne Rothschild , Kira Dellinger Vol , National Labor Relations Board, Appellate & Supreme Court Litigation Branch, Washington, DC, for Respondent.

Sarah Voorhies Myers, Esq. , Amy Lee McIntire , George Phillip Shuler, III, Esq. , Chaffe McCall, L.L.P., New Orleans, LA, Benjamin Hayden Banta , Attorney, Entergy Services, L.L.C., New Orleans, LA, for Intervenor.

Before JONES, ELROD, and HIGGINSON, Circuit Judges.

Under the National Labor Relations Act ("NLRA" or "Act"), it is an "unfair labor practice" for an employer "to refuse to bargain collectively with the representatives of [its] employees." 29 U.S.C. § 158(a)(5). This case requires the court to determine whether transmission and distribution dispatchers, a...

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