United States Eleventh Circuit

Petition for enforcement of a NLRB order finding certain statements by a USPS supervisor employee to be a threat of retaliation in violation of NLRA is granted over claims that: 1) the supervisor's statement, which formed the basis of the Board's complaint, was protected by the Petition and Speech Clauses of the First Amendment; and 2) the supervisor was speaking as a citizen and not as an agent of the USPS.

Appellate Information

• Decided 05/02/2008
• Published 05/02/2008

Judges

• PER CURIAM:, Before TJOFLAT, PRYOR and COX, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Linda Dreeben, David Habenstreit, Kira Vol, NLRB, Washington, DC, for NLRB.


• For Appellees:
  
• John C. Oldenburg, U.S. Postal Serv., Law Dept., Memphis, TN, for Respondent.