Legal Opinion

NCR Corp. v. National Labor Relations Board

Court of Appeals for the D.C. Circuit

Decided November 1, 2016No. 15-1230; Consolidated with 15-1248PublishedCited by 3 opinions

1Opinion of the Court

ROGERS, Circuit Judge:

NCR Corporation (“NCR”) petitions for review of the decision and order of the National Labor Relations Board that it violated section 8(a)(5) and (1) of the National Labor Relations. Act (“Act”), 29 U.S.C. § 158(a)(5) & (1) (2012), when it refused to bargain with the Union after, a mail ballot election. NCR contends that the Board abused its discretion by refusing to consider seven late-received ballots because enforcement of its decision and order would result in the disenfranchisement of an outcome-determinative number of voters and negatively affect the integrity of…

2Cases cited12 opinions

  1. National Labor Relations Board v. A. J. Tower Co.Supreme Court of the United States · 1946
  2. J. Ray McDermott & Co., Inc., Petitioner-Cross v. National Labor Relations Board, Respondent-CrossCourt of Appeals for the Fifth Circuit · 1978
  3. National Labor Relations Board v. Pinkerton's, Inc.Court of Appeals for the Sixth Circuit · 1980
  4. Micro Pacific Development Inc. v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1999
  5. Van Leer Containers, Inc. v. National Labor Relations BoardCourt of Appeals for the Seventh Circuit · 1988

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3Cited by3 opinions

  1. Longmont United Hospital v. NLRBCourt of Appeals for the D.C. Circuit · 2023
  2. GHG Management LLC v. NLRBCourt of Appeals for the D.C. Circuit · 2024
  3. An opinion was released in case 23-1281, VTCU Corp. v. NLRBCourt of Appeals for the D.C. Circuit · 2024

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