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United States Third Circuit

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Advanced Disposal Servs. E., Inc. v. NLRB, 15-2229

In a petition action for review of an order of the National Labor Relations Board (NLRB) which held that petitioner violated sections 8(a)(1) and 8(a)(5) of the National Labor Relations Act (NLRA), by refusing to bargain collectively with the representatives of its employees in violation of 29 U.S.C. section 158(a)(5), the petition for review is denied where: 1) petitioner did not lose the ability to challenge Director Walsh's authority by failing to raise this issue during the representation proceeding, nor did the Stipulated Election Agreement constitute an implied accession to Director Walsh's authority; 2) Director Walsh and the Board both properly ratified their previously unauthorized actions; and 3) substantial evidence supports the Board's determination and the Hearing Officer's findings.

Appellate Information

  • Decided
  • Published 2016/04/21




  • United States Third Circuit


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