5th Circ. Topples NLRB's Bargaining Order To Nuclear Facility

Law360 (September 17, 2020, 7:15 PM EDT) -- A Texas nuclear facility did not violate labor law when it refused to bargain with two classes of employees because they fell under the law's "supervisor" exclusion, the Fifth Circuit ruled, reversing a bargaining order by the National Labor Relations Board.

An appellate panel unanimously ruled Wednesday that two sets of workers at STP Nuclear Operating Co. fit the description of "supervisors" under the National Labor Relations Act and therefore are excluded from recognition as part of a collective bargaining unit. In rendering its decision, the panel refused to enforce the board's order that STP bargain with the International Brotherhood of...

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