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UNITED SERVICES AUTO. ASS'N v. N.L.R.B.

Nos. 03-1371 and 04-1001.

387 F.3d 908 (2004)

UNITED SERVICES AUTOMOBILE ASSOCIATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided November 9, 2004.

Attorney(s) appearing for the Case

Andrew M. Kramer argued the cause for petitioner. With him on the briefs was Michael D. Malfitano.

Joan E. Hoyte, Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Arthur F. Rosenfeld, General Counsel, John H. Ferguson, Associate General Counsel, and Aileen A. Armstrong, Deputy Associate General Counsel. Charles P. Donnelly, Supervisory Attorney, entered an appearance.

Before: ROGERS, TATEL and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

When an employee anonymously distributed fliers after working hours expressing coworkers' concerns about the company's layoffs of long-term employees, the company interrogated her about who was involved. Fearing retaliation, she was evasive in her responses. When she later admitted to the general manager of the company that she had distributed the fliers, she was discharged for lying...

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