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EXELA ENTERPRISE SOLUTIONS, INCORPORATED v. NLRB

No. 21-60426.

32 F.4th 436 (2022)

EXELA ENTERPRISE SOLUTIONS, INCORPORATED, Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

FILED April 22, 2022.

Attorney(s) appearing for the Case

Daniel D. Schudroff , Jackson Lewis, P.C., New York, NY, for Petitioner/Cross-Respondent.

Ruth E. Burdick , Deputy Assistant General Counsel, National Labor Relations Board, Appellate & Supreme Court Litigation Branch, Washington, DC, Richard Fox , National Labor Relations Board, Newark, NJ, for Respondent/Cross-Petitioner.

Katharine J. Shaw , Assistant General Counsel, United Steelworkers of America, Pittsburgh, PA, for Intervenor United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC.

Benjamin M. Shultz , Scott R. McIntosh , U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, Daniel Bentele Hahs Tenny, Esq. , U.S. Department of Justice, Civil Rights Division, Washington, DC, for Intervenor United States.

Before Stewart, Clement, and Elrod, Circuit Judges.

Exela Enterprise Solutions, Inc. ("Exela"), seeks review of a National Labor Relations Board ("NLRB" or "Board") order finding that Exela violated the National Labor Relations Act ("NLRA") by refusing to bargain with the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International...

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