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

No. 11-1273 Consolidated with 11-1274, 11-1294.

837 F.3d 25 (2016)

DIRECTV, INC., Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided September 16, 2016.

Attorney(s) appearing for the Case

Gavin S. Appleby , Atlanta, GA, argued the cause for petitioner MasTec Advanced Technologies. With him on the briefs was Michelle E. Shivers.

Jonathan C. Fritts , Washington, DC, argued the cause for petitioner DIRECTV, LLC. With him on the briefs were Charles I. Cohen and David R. Broderdorf , Washington, DC.

Douglas E. Callahan , Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were John H. Ferguson , Associate General Counsel, Linda Dreeben , Deputy Associate General Counsel, and Julie B. Broido , Supervisory Attorney. Kira D. Vol , Attorney, entered an appearance.

Matthew J. Ginsburg , Andover, MA, argued the cause for amicus curiae American Federation of Labor and Congress of Industrial Organizations in support of respondent. With him on the brief were Lynn K. Rhinehart and James B. Coppess , Washington, DC.

Dissenting opinion filed by Circuit Judge BROWN.

The National Labor Relations Act protects employees' right to engage in concerted activities. That right encompasses protesting an employer's actions or policies through an appeal to the public for support. But while the Act protects employees' right to engage in such third-party appeals, the Act also recognizes the prerogative...

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