GUARDSMARK, LLC v. N.L.R.B.

No. 05-1216, 05-1236, 05-1272.

475 F.3d 369 (2007)

GUARDSMARK, LLC, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided February 2, 2007.


Attorney(s) appearing for the Case

Edward R. Young argued the cause and filed the briefs for petitioner Guardsmark, LLC.

Maryann Parker argued the cause for petitioner Service Employees International Union, Local 24/7. With her on the briefs were Judith A. Scott and Craig Becker. Orrin Baird entered an appearance.

Ruth E. Burdick, Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Ronald E. Meisburg, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Julie B. Broido, Senior Attorney.

Edward R. Young was on the brief for intervenor Guardsmark, LLC.

Before: HENDERSON, TATEL and GRIFFITH, Circuit Judges.


Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge.

Under National Labor Relations Board case law, where an employer promulgates work rules "likely to have a chilling effect on Section 7 rights, the Board may conclude that their maintenance is an unfair labor practice, even absent evidence of enforcement." Lafayette Park Hotel, 326 N.L.R.B. 824, 825 (1998), enforced mem., No. 98-1625, 1999 WL 1215578, at *1 (D.C.Cir. Nov...

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