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STP NUCLEAR OPERATING COMPANY v. NLRB

No. 19-60071 Consolidated with No. 19-60152.

975 F.3d 507 (2020)

STP NUCLEAR OPERATING COMPANY, Petitioner Cross-Respondent v. NATIONAL LABOR RELATIONS BOARD, Respondent Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

FILED September 16, 2020.

Attorney(s) appearing for the Case

Amber Michelle Rogers , Alan J. Marcuis , Adam J. Peters , Hunton Andrews Kurth, L.L.P., Dallas, TX, for Petitioner Cross-Respondent.

David S. Habenstreit , National Labor Relations Board, Julie Brock Broido , Supervisory Attorney, Milakshmi Varuni Rajapakse, Esq. , National Labor Relations Board, Appellate & Supreme Court Litigation Branch, Washington, DC, Timothy L. Watson , National Labor Relations Board, Fort Worth, TX, for Respondent Cross-Petitioner.

Before HIGGINBOTHAM, JONES, and DUNCAN, Circuit Judges.

In two separate proceedings, which we consolidated for review, the National Labor Relations Board ("NLRB" or "the Board") certified two groups of employees of STP Nuclear Operating Co. ("STP") to join a collective bargaining unit represented by the International Brotherhood of Electrical Workers, Local Union 66 ("the...

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