United States DC Circuit

Respondent's holding that petitioner's actions in responding to a union demonstration on its sidewalk were unfair labor practices is affirmed as to a broadcast message over loudspeakers and an attempt to arrest a union official. However, the matter is remanded as respondent failed to address whether the First Amendment protected petitioner in summoning the police to keep demonstrators off the sidewalk.

Appellate Information

• Argued 10/17/2006
• Decided 05/08/2007
• Published 05/08/2007

Judges

• Before:  RANDOLPH, GARLAND and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• John J. Manier argued the cause for petitioner.   With him on the briefs was Richard S. Rosenberg., Michael T. Anderson argued the cause for intervenor.   With him on the brief were Richard G. McCracken and Joni S. Jacobs.


• For Appellees:
  
• Richard A. Cohen, Senior Attorney, National Labor Relations Board, argued the cause for respondent With him on the brief were Ronald E. Meisburg, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and David S. Habenstreit, Attorney.