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ADVANCED LIFE SYSTEMS INC. v. N.L.R.B.

No. 16-1405 Consolidated with 16-1450.

898 F.3d 38 (2018)

ADVANCED LIFE SYSTEMS INC., Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided August 3, 2018.

Attorney(s) appearing for the Case

Gary E. Lofland argued the cause and filed the briefs for petitioner.

David A. Seid , Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Richard F. Griffin , General Counsel at the time the brief was filed, Jennifer Abruzzo , Deputy General Counsel at the time the brief was filed, John H. Ferguson , Associate General Counsel, Linda Dreeben , Deputy Associate General Counsel, and Jill A. Griffin , Supervisory Attorney.

Before: Kavanaugh and Millett, Circuit Judges, and Sentelle, Senior Circuit Judge.

Unfair if you do; unfair if you don't. As a practical matter, that is the position in which the National Labor Relations Board's decision in this case left the employer. Advanced Life Systems, a family owned-and-operated small business, found itself whipsawed between Board precedent that, on the one hand, forbids employers...

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