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ARAMARK CORP. v. N.L.R.B.
United States Court of Appeals, Tenth Circuit (1998) | 156 F.3d 1087
TL;DR: A private contractor for government entities refused to bargain with unions, arguing the NLRB lacked jurisdiction. The court remanded, holding that under binding circuit precedent, the NLRB must first determine if the contractor retains enough control over employment terms to engage in meaningful bargaining.
Legal Significance: This case highlights the conflict between an agency's (NLRB's) revised jurisdictional test and established circuit precedent. It reinforces that a circuit court panel is bound by prior circuit holdings, even when an agency changes its underlying policy, thus limiting the NLRB's jurisdiction over government contractors.