June 17th, 2020

US Court of Appeals for the Fifth Circuit Opinions
Denton County Electric Coop v. NLRB

Docket: 18-60474
Opinion Date: June 16, 2020
Judge: Jennifer Walker Elrod
Areas of Law: Labor & Employment Law

The Fifth Circuit withdrew its prior opinion and substituted the following opinion. The court denied in part and granted in part CoServ's petition for review and denied in part and granted in part the Board's cross-application for enforcement. The court held that CoServ's challenge against the Board's findings of unfair labor practices failed; under the governing four-factor test, substantial evidence supports the Board's finding that CoServ's unfair labor practices tainted the second decertification petition; as to the affirmative bargaining order, the Board failed to justify it under Fifth Circuit case law; and, because a bargaining order was not justified, the court vacated the order. The court also vacated the Board's issuance of the public-notice-reading order because it cannot be justified under the facts of this case.

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