U.S. Court of Appeals for the Fifth Circuit

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Petition for review denied

September 25, 2017

The Fifth Circuit denied the petition for review, holding that substantial evidence supports the NLRB’s conclusion that Creative Vision Resources was a “perfectly clear” successor and violated the NLRA by unilaterally setting initial terms and conditions of employment.

U.S. Chamber urges Fifth Circuit to overturn NLRB perfectly clear successor decision

February 03, 2017

The U.S. Chamber filed an amicus brief urging the Fifth Circuit to overturn a National Labor Relations Board (“NLRB”) decision that restricts a successor employer’s right to unilaterally set initial terms and conditions of employment. The brief argues that the NLRB’s decision expanding the “perfectly clear” exception contradicts decades of established Supreme Court and NLRB precedent and will discourage the purchase and rehabilitation of businesses.

Brian E. Hayes, Todd. C. Duffield, Jenn Betts, and Gavin S. Martinson of Ogletree, Deakins, Nash, Smoak & Stewart, P.C. served as counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Case Documents