ATLANTIC CITY ELECTRIC COMPANY v. NLRB

Nos. 20-1504 20-1606.

5 F.4th 298 (2021)

ATLANTIC CITY ELECTRIC COMPANY, Petitioner in No. 20-1504 v. NATIONAL LABOR RELATIONS BOARD, Petitioner in No. 20-1606.

United States Court of Appeals, Third Circuit.

Filed: July 7, 2021.


Attorney(s) appearing for the Case

Michael E. Kenneally [ARGUED], Jonathan C. Fritts , Morgan, Lewis & Bockius LLP, 1111 Pennsylvania Avenue, N.W., Washington, D.C. 20004, Julia S. Sturniolo , Morgan, Lewis & Bockius LLP, 1701 Market Street, Philadelphia, PA 19103, Counsel for Atlantic City Electric Company.

David Casserly [ARGUED], David Habenstreit , Elizabeth A. Heaney , National Labor Relations Board, 1015 Half Street, S.E., Washington, D.C. 20570, Counsel for National Labor Relations Board.

Mark E. Belland , Kevin D. Jarvis [ARGUED], David F. Watkins Jr. , O'Brien, Belland & Bushinsky, LLC, 509 S. Lenola Road, Building 6, Moorestown, NJ 08057, Counsel for International Brotherhood of Electrical Workers Local 210.

Lucas R.J. Aubrey , Bart Sheard , Sherman Dunn, 900 7th Street, N.W., Suite 1000, Washington, D.C. 20001, Counsel for International Brotherhood of Electrical Workers, AFL-CIO.

Before: GREENAWAY, JR., SHWARTZ, and FUENTES, Circuit Judges.


OPINION OF THE COURT

Atlantic City Electric Company (the "Company"), a public utility that provides electricity in southern New Jersey, seeks our review of a decision by the National Labor Relations Board (the "Board") finding that the Company violated Sections 8(a)(5) and (1) of the National Labor Relations Act...

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