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MINTEQ INTERNATIONAL, INC. v. N.L.R.B.

No. 16-1276 Consolidated with 16-1335.

855 F.3d 329 (2017)

MINTEQ INTERNATIONAL, INC. and Specialty Minerals Inc., wholly owned subsidiaries of Mineral Technologies, Inc., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent. International Union of Operating Engineers, Local 150, AFL-CIO, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 28, 2017.

Attorney(s) appearing for the Case

Maurice Baskin argued the cause for petitioners. With him on the briefs were A. John Harper III , Houston, TX, Jonathan O. Levine , and Adam P. Tuzzo , Milwaukee, WI.

Eric Weitz , 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 Robert J. Englehart , Supervisory Attorney.

Charles R. Kiser , Chicago, IL, argued the cause and filed the brief for intervenor. Brian Powers entered an appearance.

Before: Garland, Chief Judge, Griffith, Circuit Judge, and Sentelle, Senior Circuit Judge.

In 2012, employer-petitioner Minteq International, Inc. began requiring new employees to sign a Non-Compete and Confidentiality Agreement. The National Labor Relations Board found that Minteq violated section 8(a)(1) and (5) of the National Labor Relations Act by failing to afford the employees' union notice or an...

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