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NATIONAL ASS'N OF MFRS. v. N.L.R.B.

Nos. 12-5068, 12-5138.

717 F.3d 947 (2013)

NATIONAL ASSOCIATION OF MANUFACTURERS, et al., Appellants/Cross-Appellees, v. NATIONAL LABOR RELATIONS BOARD, et al., Appellees/Cross-Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided May 7, 2013.

Attorney(s) appearing for the Case

Maurice Baskin argued the cause for appellants/cross-appellees. With him on the briefs were Peter N. Kirsanow , Bryan Schwartz , Maynard Buck , Patrick O. Peters , Glenn M. Taubman , William L. Messenger , John N. Raudabaugh , and H. Christopher Bartolomucci . William G. Miossi entered an appearance.

Doreen S. Davis , Charles I. Cohen , Jonathan C. Fritts , and David R. Broderdorf were on the brief for amici curiae The Honorable John Kline, Chairman, Committee of Education and the Workforce, The House of Representatives, et al. in support of appellants/cross-appellees.

Dawn L. Goldstein , Attorney, National Labor Relations Board, argued the cause for appellees/cross-appellants. With her on the briefs were John H. Ferguson , Associate General Counsel, Margery E. Lieber , Deputy Associate General Counsel, Eric G. Moskowitz , Assistant General Counsel, Abby Propis Simms , Deputy Assistant General Counsel, and Kevin P. Flanagan , Attorney. Linda Dreeben , Deputy Associate General Counsel, entered an appearance.

Lynn Rhinehart , Charles J. Morris , Christine L. Owens , and Walter Kamiat were on the brief for amici curiae Professor Charles J. Morris, et al. in support of appellees/cross-appellants.

Concurring opinion filed by Circuit Judge HENDERSON, with whom Circuit Judge BROWN joins.

RANDOLPH, Senior Circuit Judge:

The National Labor Relations Board declared in a rule that employers subject to its jurisdiction would be guilty of an unfair labor practice if they did not post on their properties and on their websites a "Notification of Employee Rights under the National Labor Relations Act." 76 Fed.Reg. 54,006 (Aug. 30, 2011). The rule applies to "nearly 6 million" employers, "the great majority" of which are small businesses. Id. at 54,042...

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