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VENETIAN CASINO RESORT, L.L.C. v. N.L.R.B.

No. 05-1396.

484 F.3d 601 (2007)

VENETIAN CASINO RESORT, L.L.C., Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent Local Joint Executive Board of Las Vegas, Intervenor for Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided May 8, 2007.

Attorney(s) appearing for the Case

John J. Manier argued the cause for petitioner. With him on the briefs was Richard S. Rosenberg.

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.

Michael T. Anderson argued the cause for intervenor. With him on the brief were Richard G. McCracken and Joni S. Jacobs.

Before: RANDOLPH, GARLAND and GRIFFITH, Circuit Judges.

Opinion for the Court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge.

In response to a union demonstration on its sidewalk, the Venetian Casino Resort, LLC ("Venetian") took actions that the National Labor Relations Board ("NLRB" or "Board") concluded were unfair labor practices that violated section 8(a)(1) of the National Labor Relations Act ("NLRA" or "Act"). The Venetian broadcast a message over loudspeakers warning the demonstrators that they...

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