March 23rd, 2020

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US Court of Appeals for the Fifth Circuit Opinions
Dish Network Corp. v. NLRB

Docket: 18-60522
Opinion Date: March 20, 2020
Judge: Oldham
Areas of Law: Labor & Employment Law

The Fifth Circuit held that the Board did not have substantial evidence to gainsay DISH's impasse determination and penalize the employer for refusing still more years of negotiation. In this case, the Board's decision rested on an unsound factual foundation from the ALJ. Furthermore, the court held that the Board lacked substantial evidence merely because it failed to grapple with countervailing portions of the record. Finally, the court held that some of the Board's counterarguments were not properly before the court and rejected all of the counterarguments.

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