United States DC Circuit

In case involving labor dispute with a contractor and threat to picket by union at a construction site of a neutral employer, as well as a mock funeral at a hospital in an unrelated dispute, respondent's order barring union from picketing the hospital and from unqualifiedly threatening to picket is vacated as: 1) respondent could not presume that a union's threat to picket the job was contrary to the law, when picketing at the job could be done in a lawful manner; and 2) the union's mock funeral protest was consistent with the limitations upheld as constitutional in abortion protest cases.

Appellate Information

• Argued 02/05/2007
• Decided 06/19/2007
• Published 06/20/2007

Judges

• Before:  GINSBURG, Chief Judge, and GRIFFITH, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Michael T. Anderson argued the cause for petitioner.   With him on the briefs was Arlus J. Stephens., Jamin B. Raskin was on the brief for amicus curiae Greenpeace USA in support of petitioner., Tammie L. Rattray and Patrick Muldowney were on the brief for intervenors Energy Air, Inc. and Galencare, Inc., d/b/a Brandon Regional Medical Center.  David A. Grant entered an appearance.


• For Appellees:
  
• Kira Dellinger Vol, Attorney, National Labor Relations Board, argued the cause for respondent.   With her on the brief were Ronald E. Meisburg, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Julie B. Broido, Senior Attorney., Maurice Baskin was on the brief for amicus curiae Associated Builders and Contractors, Inc. in support of respondent.