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T-MOBILE USA v. NAT'L LABOR RELATIONS BD.

No. 22-1310 Consolidated with 23-1002.

90 F.4th 564 (2024)

T-MOBILE USA, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Communications Workers of America, AFL-CIO, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 12, 2024.

Attorney(s) appearing for the Case

Mark D. Harris argued the cause for petitioner. With him on the briefs were Mark Theodore and Shiloh Rainwater.

Greg P. Lauro , Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Ruth E. Burdick , Deputy Associate General Counsel, David Habenstreit , Assistant General Counsel, and Kira Dellinger Vol , Supervisory Attorney.

Glenda L. Pittman and John Alexander van Schiack were on the brief for intervenor Communications Workers of America, AFL-CIO in support of respondent.

Dissenting opinion filed by Senior Circuit Judge Randolph.

The National Labor Relations Act protects employees' rights to self-organize and choose representatives to bargain with their employer. To that end, the Act prohibits employers from dominating a "labor organization," which the Act defines as an employee group that exists at least "in part" to deal with employers over working...

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