HOOKS v. NEXSTAR BROADCASTING INC TV (2023)

United States Court of Appeals, Ninth Circuit.

Ronald K. HOOKS, Regional Director of the Nineteenth Region of the National Labor Relations Board, for and on behalf of the National Labor Relations Board, Petitioner-Appellee, v. NEXSTAR BROADCASTING, INC., dba Koin-TV, Respondent-Appellant.

No. 21-35252

Decided: June 29, 2023

Before: William A. Fletcher, Sandra S. Ikuta, and Daniel A. Bress, Circuit Judges.

Elizabeth DeVleming, NLRB - National Labor Relations Board (WA), Seattle, WA, Laurie Monahan Duggan, Attorney, Jenevieve Louise Frank, Richard J. Lussier, Supervisory Attorney, Paul A. Thomas, Trial Attorney, Laura T. Vazquez, Deputy Assistant General Counsel, NLRB - National Labor Relations Board, Washington, DC, for Petitioner-Appellee. Steven B. Katz, Constangy, Brooks, Smith & Prophete, LLP, Los Angeles, CA, Charles P. Roberts, III, Esquire, Attorney, Summerfield, NC, Steven Wilker, Tonkon Torp, LLP, Portland, OR, for Respondent-Appellant.

ORDER

The petition for rehearing en banc, filed January, 19, 2023, is DENIED. (Dkt. 57). The majority of the panel has voted to deny appellee's petition for rehearing. The full court has been advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of votes of the nonrecused active judges in favor of en banc consideration. Fed. R. App. P. 35(a). Judge Forrest did not participate in the deliberations or vote in this case. No further petitions for rehearing or rehearing en banc will be entertained.

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