United States Fourth Circuit

Petition for review challenging respondent's order finding petitioner in violation of the National Labor Relations Act for threatening, beating, and falsely arresting employees of petitioner's independently contracted cleaning services is granted as the employees in question were not engaged in concerted protected activity within the meaning of section 7 of the Act.

Appellate Information

• Decided 12/05/2007
• Published 12/05/2007

Judges

• Before WILLIAMS, Chief Judge, DUNCAN, Circuit Judge, and Raymond A. JACKSON, United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• ARGUED:  Gregory Branch Robertson, Hunton & Williams, Richmond, Virginia, for Smithfield Packing Company, Incorporated.  Heather Stacy Beard, Office of the General Counsel, National Labor Relations Board, Washington, DC, for the Board.   ON BRIEF:  Kimberlee W. DeWitt, Kurt G. Larkin, Hunton & Williams, Richmond, Virginia, for Smithfield Packing Company, Incorporated.  Ronald Meisburg, General Counsel, John E. Higgins, Jr., Deputy General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, Steven L. Sokolow, Deputy Associate General Counsel, David Habenstreit, Supervisory Attorney, National Labor Relations Board, Washington, DC, for the Board.