AUTONATION, INC. v. N.L.R.B.

Nos. 14-2991, 14-3361.

801 F.3d 767 (2015)

AUTONATION, INC., and Village Motors, LLC, Petitioners/Cross-Respondents, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner.

United States Court of Appeals, Seventh Circuit.

Decided September 4, 2015.


Attorney(s) appearing for the Case

Joel W. Rice , Attorney, Fisher & Phillips LLP, Chicago, IL, Reyburn Williams Lominack, III , Attorney, Fisher & Phillips LLP, Columbia, SC, for Petitioners/Cross-Respondents.

Douglas Callahan , Attorney, Jessica Willis Muth , National Labor Relations Board, Linda Dreeben , Attorney, Robert J. Englehart , Supervisory Attorney, National Labor Relations Board Office of the General Counsel, Washington, DC, for Respondent/Cross-Petitioner.

Before WOOD, Chief Judge, and ROVNER and WILLIAMS, Circuit Judges.


Union activity was afoot at Libertyville Toyota late in the summer of 2011. When rumors to this effect reached it, Libertyville's owner, a company called AutoNation, held a series of meetings with the affected staff. An employee surreptitiously recorded the last of these meetings, a lengthy affair conducted largely by two

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