ALCOA, INC. v. N.L.R.B.

No. 15-60848.

849 F.3d 250 (2017)

ALCOA, INCORPORATED; Alcoa Commercial Windows, L.L.C., doing business as TRACO, a single employer, Petitioners Cross-Respondents, v. NATIONAL LABOR RELATIONS BOARD, Respondent Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

Filed February 22, 2017.


Attorney(s) appearing for the Case

Brian Hayes, Esq. , Ogletree Deakins, P.C., Washington, DC, Thomas Alfred Smock, Esq. , Ogletree Deakins, P.C., Pittsburgh, PA, for Petitioners Cross-Respondents.

Linda Dreeben, Esq. , Deputy Associate General Counsel, Julie Brock Broido , Supervisory Attorney, Milakshmi Varuni Rajapakse, Esq. , National Labor Relations Board, Appellate & Supreme Court Litigation Branch, Washington, DC, Martha Elaine Kinard, Esq. , Director, National Labor Relations Board, Fort Worth, TX, for Respondent Cross-Petitioner.

Mariana Padias , Keren Wheeler , Assistant General Counsels, Daniel M. Kovalik, Esq. , Associate General Counsel, United Steelworkers of America, Pittsburgh, PA, for Intervenor United Steel, Paper and Forestry, Rubber Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC.

Before CLEMENT, PRADO, and OWEN, Circuit Judges.


This Court is asked to review an order of the National Labor Relations Board ("the NLRB" or "the Board") finding that Alcoa, Inc. ("Alcoa") and its wholly owned subsidiary, Alcoa Commercial Windows, LLC d/b/a TRACO ("TRACO"), violated the National Labor Relations Act ("the...

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