United States Sixth Circuit

Where an activity can be either conduct protected by the National Labor Relations Act or conduct that may be prohibited by an employer, depending upon its relation to concerted or union activity, an employer's knowledge is an element of a section 8(a)(1) violation.

Appellate Information

• Decided 08/21/2006
• Published 08/21/2006

Judges

• Before:  BOGGS, Chief Judge;  and KEITH and SUTTON, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Cynthia W. Warren, Meijer, Incorporated, Legal Department, Grand Rapids, Michigan, for Petitioner.  Philip Hostak, National Labor Relations Board, Appellate Court Branch, Washington, D.C., for Respondent.   ON BRIEF:  Cynthia W. Warren, Jeffrey Scott Rueble, Meijer, Incorporated, Legal Department, Grand Rapids, Michigan, for Petitioner.  Philip Hostak, Aileen A. Armstrong, Howard E. Perlstein, National Labor Relations Board, Appellate Court Branch, Washington, D.C., for Respondent.