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BREWERS AND MALTSTERS, LOCAL NO. 6 v. N.L.R.B.

No. 04-1278.

414 F.3d 36 (2005)

BREWERS AND MALTSTERS, LOCAL UNION NO. 6, Affiliated with the International Brotherhood of Teamsters, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent Anheuser-Busch, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 5, 2005.

Attorney(s) appearing for the Case

Arthur G. Telegen argued the cause for petitioner Anheuser-Busch, Inc. With him on the briefs was Robert A. Fisher. John H. Henn entered an appearance.

Arthur J. Martin argued the cause for petitioner Brewers and Maltsters, Local Union No. 6. With him on the briefs was Stacey A. Aschemann.

Philip A. Hostak, Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Arthur F. Rosenfeld, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Robert J. Englehart, Supervisory Attorney.

Arthur G. Telegen and Robert A. Fisher were on the brief for intervenor Anheuser-Busch, Inc.

Arthur J. Martin and Stacey A. Aschemann were on the brief for intervenor Brewers and Maltsters, Local Union No. 6.

Before: GINSBURG, Chief Judge, and SENTELLE and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS. Opinion dissenting in part filed by Circuit Judge SENTELLE.

ROGERS, Circuit Judge.

Anheuser-Busch, Inc. installed hidden surveillance cameras to monitor an area where its employees occasionally work and take breaks. As a result of misconduct that Anheuser-Busch discovered on footage from the cameras, five employees were discharged and lesser discipline was imposed on eleven others. The National Labor Relations...

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