Legal Opinion · Dissent

Gary Muffley v. Voith Industrial Services, Inc

Court of Appeals for the Sixth Circuit

Decided January 13, 2014No. 12-6628Unpublished

1DissentKaren Nelson Moore, Circuit Judge

Despite agreeing with much of the majority’s analysis in this case, I must dissent because the majority has assumed a role assigned to a district court. The majority concludes that Gary W. Muffley, the Regional Director of the Ninth Region of the National Labor Relations Board (the “Director” and the “Board,” respectively), has established that there exists reasonable cause to believe that the defendants engaged in unfair labor practices. I agree. These unfair labor practices, according to the majority, included failure to hire lega*837cy Teamsters employees and to recognize the Teamsters as the…

2Cases cited13 opinions

  1. Michigan State Afl-Cio v. MillerCourt of Appeals for the Sixth Circuit · 1997
  2. Gerard P. Fleischut, Regional Director for the 26th Region of the National Labor Relations Board v. Nixon Detroit Diesel, Inc.Court of Appeals for the Sixth Circuit · 1988
  3. Kobell v. Suburban Lines, Inc.Court of Appeals for the Third Circuit · 1984
  4. Dayton Area Visually Impaired Persons, Inc. v. FisherCourt of Appeals for the Sixth Circuit · 1995
  5. Small v. AVANTI HEALTH SYSTEMS, LLCCourt of Appeals for the Ninth Circuit · 2011

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