Exela Enterprise Solutions v. NLRB, No. 21-60426 (5th Cir. 2022)
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Petitioner, an office services and facilities management company, refused to bargain with a labor union based on its position that the union was not a "properly certified representative of its employees." In turn, the union filed a claim with the NLRB, claiming that Petitioner violated the NLRA by refusing to bargain in good faith. The NLRB found in the union's favor.
The Fifth Circuit denied Petitioner's petition for review, rejecting Petitioner's argument that the prosecution was ultra vires. Petitioner claimed that President Biden's removal of the NLRB General Counsel was unlawful and that his replacement lacked authority to bring the complaint against Petitioner. The Fifth Circuit disagreed, finding that no provision of the NLRA protects the General Counsel of the NLRB from removal.
The Fifth Circuit then rejected the merits of Petitioner's claim, finding that there was substantial evidence in the record supporting the NLRB's decision. Thus, the court granted NLRB's cross-petition for enforcement.
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