TECNOCAP, LLC v. N.L.R.B.

No. 19-2109, No. 19-2191.

1 F.4th 304 (2021)

TECNOCAP, LLC, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC, Intervenor. National Labor Relations Board, Petitioner, v. Tecnocap, LLC, Respondent, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided: June 17, 2021.


Attorney(s) appearing for the Case

Bradley K. Shafer , MINTZER SAROWITZ ZERIS LEDVA & MEYERS, Wheeling, West Virginia, for Petitioner/Cross-Respondent. Peter B. Robb , General Counsel, Alice B. Stock , Deputy General Counsel, Meredith Jason , Acting Deputy Associate General Counsel, David Habenstreit , Assistant General Counsel, Julie Brock Broido , Supervisory Attorney, Milakshmi V. Rajapakse , NATIONAL LABOR RELATIONS BOARD, Washington, D.C., for Respondent/Cross-Petitioner. Maneesh Sharma , Associate General Counsel, Washington, D.C., for Intervenor.

Petition for review granted in part and denied in part, cross-application for enforcement granted in part and denied in part, and remanded by published opinion. Judge Agee wrote the opinion, in which Judge Wilkinson and Judge Richardson joined.


Tecnocap, LLC, petitioned for review of an order of the National Labor Relations Board ("the NLRB" or "the Board") affirming the decision of an administrative law judge ("ALJ") finding that Tecnocap engaged in several unfair labor practices, in violation of the National Labor Relations Act ("NLRA" or "the Act"). The Board cross...

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