United States Ninth Circuit

Unions' petition for review of an NLRB decision reversing an ALJ's conclusion that agents of Aladdin Gaming engaged in illegal surveillance in violation of section 8(a)(1) of the National Labor Relations Act (NLRA) is denied where: 1) the NLRB's new three-factor test for unlawful surveillance was "rational and consistent" with the NLRA; and 2) in applying the test, the NLRB reasonably determined that, where the duration of the observation at issue was short and the employer's behavior was not out of the ordinary, verbally interrupting organizing activity does not necessarily violate section 8(a)(1).

Appellate Information

• Argued 10/16/2007
• Decided 01/28/2008
• Published 01/28/2008

Judges

• CALLAHAN, Circuit Judge:, Before:  JANE R. ROTH,SIDNEY R. THOMAS, and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kristin Martin (argued), Richard G. McCracken, Davis, Cowell, & Bowe, LLP, San Francisco, CA, for petitioner Local Joint Executive Board of Las Vegas., Brian Herman (argued), Mark J. Ricciardi, Fisher & Phillips, LLP, Atlanta, GA, for intervenor Reorganized Aladdin Gaming, LLC.


• For Appellees:
  
• David A. Seid, Attorney, National Labor Relations Board, Washington, D.C., for the respondent.