United States Sixth Circuit

Truck drivers' petition for review of a denial of their claims arising under section 8(a)(1) of the National Labor Relations Act is granted where the NLRB's decision, holding that petitioners' activities in writing a letter complaining about working conditions were stripped of the Act's protection because the letter contained a false statement made with actual malice, was not supported by substantial evidence.

Appellate Information

• Decided 01/22/2008
• Published 01/22/2008

Judges

• Before BOGGS, Chief Judge;  GIBBONS, Circuit Judge;  and BELL, Chief District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Stacy Ann Hinners, Law Office of Marc Mezibov, Cincinnati, Ohio, for Petitioners.  Jason Walta, National Labor Relations Board, Washington, D.C., for Respondent.  Rhonda Wilcox, Fisher & Phillips, Atlanta, Georgia, for Intervenor.   ON BRIEF:  Stacy Ann Hinners, Christian A. Jenkins, Law Office of Marc Mezibov, Cincinnati, Ohio, for Petitioners.  Jason Walta, Linda Dreeben, Meredith L. Jason, National Labor Relations Board, Washington, D.C., for Respondent.  James M. Walters, Fisher & Phillips, Atlanta, Georgia, for Intervenor.