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

No. 16-10932.

893 F.3d 1286 (2018)

COWABUNGA, INC., Petitioner-Cross Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross Petitioner.

United States Court of Appeals, Eleventh Circuit.

June 26, 2018.

Attorney(s) appearing for the Case

Steven Mark Bernstein , Fisher & Phillips, LLP, Tampa, FL, James Michael Walters , Fisher & Phillips, LLP, Atlanta, GA, Reyburn Williams Lominack, III , Fisher Phillips, LLP, Columbia, SC, for Petitioner-Cross Respondent.

Linda Dreeben , Richard F. Griffin, Jr. , Elizabeth Ann Heaney , Barbara Ann Sheehy , Gary Shinners , National Labor Relations Board, Appellate Litigation, Washington, DC, Claude Harrell, Jr. , Kerstin I. Meyers , NLRB, General Counsel, Atlanta, GA, Jack D. McInnes , Richard Monroe Paul , Paul McInnes, LLP, Kansas City, MO, Mark Alan Potashnick , Weinhaus & Potashnick, St. Louis, MO, for Respondent-Cross Petitioner.

Before MARTIN and HULL, Circuit Judges, and RESTANI, Judge.

In 2016, a three-member panel of the National Labor Relations Board ("NLRB") concluded that Cowabunga, Inc. ("Cowabunga") violated the National Labor Relations Act by maintaining and enforcing an employment agreement that (1) required its employees to individually arbitrate employment-related claims and waived its employees...

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