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N.L.R.B. v. U.S. POSTAL SERVICE

No. 07-14951 Non-Argument Calendar.

526 F.3d 729 (2008)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. U.S. POSTAL SERVICE, Respondent.

United States Court of Appeals, Eleventh Circuit.

May 2, 2008.

Attorney(s) appearing for the Case

Linda Dreeben, David Habenstreit, Kira Vol, NLRB, Washington, DC, for NLRB.

John C. Oldenburg, U.S. Postal Serv., Law Dept., Memphis, TN, for Respondent.

Before TJOFLAT, PRYOR and COX, Circuit Judges.

PER CURIAM:

This case comes to us on Application for Enforcement of an Order of the National Labor Relations Board ("the Board"). The Respondent, the United States Postal Service ("USPS"), argues that the statement by one of its supervisor-employees, Bobby Powers, which formed the basis of the Board's complaint, is protected by the Petition and Speech Clauses of the First Amendment. The USPS also argues that Powers was speaking as a citizen and not as an agent of...

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