N.L.R.B. v. ALTERNATIVE ENTERTAINMENT, INC.

No. 16-1385.

858 F.3d 393 (2017)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ALTERNATIVE ENTERTAINMENT, INC., Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 26, 2017.


Attorney(s) appearing for the Case

ARGUED: Joel Heller , NATIONAL LABOR RELATIONS BOARD, Washington, D.C., for Petitioner. Timothy J. Ryan , JACKSON LEWIS P.C., Grand Rapids, Michigan, for Respondent. Harold Craig Becker , AFL-CIO, Washington, D.C., Evan M. Tager , MAYER BROWN LLP, Washington, D.C., for Amici Curiae. ON BRIEF: Linda Dreeben , Kira Dellinger Vol , Gregoire Sauter , NATIONAL LABOR RELATIONS BOARD, Washington, D.C., for Petitioner. Timothy J. Ryan , JACKSON LEWIS P.C., Grand Rapids, Michigan, for Respondent. Harold Craig Becker , AFL-CIO, Washington, D.C., Evan M. Tager , MAYER BROWN LLP, Washington, D.C., Michael Rubin , ALTSHULER BERZON LLP., San Francisco, California, for Amici Curiae.

MOORE, J., delivered the opinion of the court in which WHITE, J., joined, and SUTTON, J., joined in part. SUTTON, J. (pp. 411-19), delivered a separate opinion concurring in part and dissenting in part.


OPINION

Petitioner National Labor Relations Board (NLRB) seeks enforcement of a Decision and Order of the NLRB finding that Respondent Alternative Entertainment, Inc. (AEI) violated the National Labor Relations Act (NLRA). AEI seeks relief from the order. The NLRB argues that AEI violated the NLRA by...

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