United States Eighth Circuit

In a petition for review of the NLRB's order finding that petitioner had interfered with its employees' exercise of rights protected under the National Labor Relations Act (NLRA) and imposing remedial measures, the petition is denied where: 1) while an employer may assert that an employee's conduct is unprotected under the NLRA because it had an unlawful objective, the acts or objective of the national union cannot be imputed to an individual employee; and 2) petitioner's repudiation was insufficient to cure its unlawful confiscation of union flyers.

Appellate Information

• Decided 12/15/2009
• Published 12/15/2009

Judges

• MURPHY, Circuit Judge., Before MURPHY, JOHN R. GIBSON, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Joel H. Kaplan, argued, William P. Schurgin, Brian M. Stolchenbach, and Amanda A. Sonneborn, on the brief, Chicago, IL, for petitioner.


• For Appellees:
  
• David A. Fleischer, argued, Ronald Meisberg, John E. Higgins, Jr., John H. Ferguson, Linda Dreeben, and Robert J. Engelhart, on the brief, Washington, D.C., for respondent.