United States DC Circuit

In petitions for review of an NLRB finding that Petitioner engaged in an unfair labor practice by disciplining an employee for sending three union-related e-mails to her fellow employees, Petitioner-Union's petition is granted, where Petitioner-Employer acted unlawfully in disciplining the employee for certain e-mails; and Petitioner Employer's petition is denied, where the Board's findings were supported by substantial evidence.

Appellate Information

• Argued 12/08/2008
• Decided 07/07/2009
• Published 07/07/2009

Judges

• Before:  SENTELLE, Chief Judge, and GARLAND and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• L. Michael Zinser argued the cause for petitioner Guard Publishing Company.   With him on the briefs was Glenn E. Plosa., James B. Coppess argued the cause for petitioner Eugene Newspaper Guild, CWA Local 37194, AFL-CIO.   With him on the briefs were Barbara Camens and Laurence Gold.


• For Appellees:
  
• Heather S. Beard, Attorney, National Labor Relations Board, argued the cause for respondent.   With her on the brief were Ronald Meisburg, General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General Counsel, and Meredith L. Jason, Supervisory Attorney., L. Michael Zinser and Glenn E. Plosa were on the brief for intervenor Guard Publishing Company in support of respondent., James B. Coppess, Barbara Camens, and Laurence Gold were on the brief for intervenor Eugene Newspaper Guild, CWA Local 37194, AFL-CIO in support of respondent., Andrew M. Kramer, Shay Dvoretzky, and Zachary S. Price were on the brief for amici curiae Chamber of Commerce of the United States of America, et al. in support of respondent.