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GUARD PUBLISHING CO. v. N.L.R.B.

Nos. 07-1528, 08-1006, 08-1013.

571 F.3d 53 (2009)

GUARD PUBLISHING COMPANY, doing Business as the Register-Guard, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent. Eugene Newspaper Guild, CWA Local 37194, AFL-CIO, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 7, 2009.

Attorney(s) appearing for the Case

L. Michael Zinser argued the cause for petitioner Guard Publishing Company. With him on the briefs was Glenn E. Plosa.

James B. Coppess argued the cause for petitioner Eugene Newspaper Guild, CWA Local 37194, AFL-CIO. With him on the briefs were Barbara Camens and Laurence Gold.

Heather S. Beard, Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Ronald Meisburg, General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General Counsel, and Meredith L. Jason, Supervisory Attorney.

L. Michael Zinser and Glenn E. Plosa were on the brief for intervenor Guard Publishing Company in support of respondent.

James B. Coppess, Barbara Camens, and Laurence Gold were on the brief for intervenor Eugene Newspaper Guild, CWA Local 37194, AFL-CIO in support of respondent.

Andrew M. Kramer, Shay Dvoretzky, and Zachary S. Price were on the brief for amici curiae Chamber of Commerce of the United States of America, et al. in support of respondent.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

The Register-Guard disciplined Suzi Prozanski, a copy editor and union president, for sending three union-related e-mails to her fellow employees. It also directed Ronald Kangail, a circulation department district manager and union representative, not to wear a union armband or display a union placard in public. The National Labor Relations Board (NLRB) found that the company committed unfair labor practices by enforcing its e-mail policy with...

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