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UNITED BROTH. OF CARPENTERS LOCAL 848 v. N.L.R.B.

Nos. 05-75295, 05-76217, 05-77116.

540 F.3d 957 (2008)

UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA LOCAL 848; United Brotherhood of Carpenters and Joiners of America; AFL-CIO, and Carpenters Local 505, United Brotherhood of Carpenters & Joiners of America, AFL-CIO, Petitioners, United Brotherhood of Carpenters And Joiners of America. Intervenor, v. NATIONAL LABOR RELATIONS BOARD, Respondent. National Labor Relations Board; Macerich Management, Petitioners, United Brotherhood of Carpenters And Joiners of America. Intervenor, v. Macerich Management Company; Macerich Property Management Company, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed August 25, 2008.

Attorney(s) appearing for the Case

Caren P. Sencer and David Rosenfeld, Weinberg Roger & Rosenfeld, Alameda, CA, for petitioners United Brotherhood of Carpenters and Joiners of America, Local 505, United Brotherhood of Carpenters and Joiners of America, Local 848, and United Brotherhood of Carpenters and Joiners of America.

Thomas J. Leanse, Stacey McKee Knight, Katten Muchin Rosenman, LLP, Los Angeles, CA, for respondents Macerich Management Company and Macerich Property Management Company.

Linda Dreeben, David Habenstreit, Joseph P. Norelli, and Jason Walta, Washington, DC, for respondent the National Labor Relations Board.

Jo Anne Bernhard, Sacramento, CA, for amicus curiae International Council of Shopping Centers and California Business Properties Association.

Donald C. Carroll, Carroll & Scully, Inc., San Francisco, CA, for amicus curiae California Labor Federation.

Opinion by Judge THOMAS; Partial Concurrence and Partial Dissent by Judge CALLAHAN.

THOMAS, Circuit Judge:

This petition for review presents the question of whether six restrictions on expressive activity promulgated and enforced by two California shopping malls infringe on the free speech rights guaranteed by the California State Constitution and therefore interfere with protected union activity in violation of the National Labor Relations Act ("NLRA") when applied to union picketing and handbilling actions. We hold that the six rules impermissibly...

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