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THE OHIO EDISON COMPANY; FIRSTENERGY GENERATION CORP;
Petitioners/Cross-Respondents,
v.
NATIONAL LABOR RELATIONS BOARD,
Respondent/Cross-Petitioner.
   Nos. 15-1783/1929
On Petition for Review and Cross-Application for Enforcement
of an Order of the National Labor Relations Board.
Nos. 06-CA-092312; 08-CA-099595.
Argued: April 28, 2016
Decided and Filed: February 10, 2017
BOGGS and KETHLEDGE, Circuit Judges; STAFFORD, District Judge.


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OPINION
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KETHLEDGE, Circuit Judge. The question presented in this case is whether a union representative’s generalized complaint about various reductions in employee benefits—including significant cuts in the employer’s 401(k) matching payments and in retiree life-insurance benefits—reflected a request on the union’s part to bargain specifically about a change to an employee-recognition program that had never, over the course of four decades, been the subject of bargaining between the union and the employer. The monetary effect of that change amounted to less than four dollars per union member per year. A divided panel of the National Labor Relations Board construed the union representative’s generalized complaint as a request to bargain about the employee-recognition program. That finding is not supported by substantial evidence, and thus we deny the Board’s application for enforcement of its order.



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WAYSIDE CHURCH, an Illinois Not-For-Profit (Ecclesiastical) Corporation; MYRON W. STAHL; HENDERSON HODGENS, individually and on behalf of a class of all others similarly situated,
Plaintiffs-Appellants/Cross-Appellees,
v.
VAN BUREN COUNTY, in its individual Michigan municipal capacity and on behalf of a class of all other Michigan counties similarly situated; KAREN MAKAY, in her individual official capacity as Treasurer of Van Buren County and on behalf of a class of all other Treasurers of Michigan counties similarly situated,
Defendants-Appellees/Cross-Appellants.
   Nos. 15-2463/2525
Appeal from the United States District Court for
the Western District of Michigan at Grand Rapids.
No. 1:14-cv-01274—Paul Lewis Maloney, District Judge.
Argued: October 20, 2016
Decided and Filed: February 10, 2017
Before: CLAY, KETHLEDGE, and DONALD, Circuit Judges.


_________________________
OPINION
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CLAY, Circuit Judge. Plaintiffs Wayside Church, Myron Stahl, and Henderson Hodgens (collectively “Plaintiffs”) appeal the district court’s order granting Defendants’ motion to dismiss the complaint, which asserted that Defendant Van Buren County and its Treasurer, Defendant Karen Makay (collectively “Defendants”), violated Plaintiffs’ Fifth Amendment rights by taking their property without just compensation. Defendants filed a cross-appeal arguing that the district court erred in determining that it could exercise jurisdiction over this case. For the reasons set forth below, we VACATE the judgment of the district court and REMAND with instructions to DISMISS the case for lack of subject matter jurisdiction.