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CAPITAL MEDICAL CENTER v. N.L.R.B.

No. 16-1320 Consolidated with 16-1369.

909 F.3d 427 (2018)

CAPITAL MEDICAL CENTER, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent. United Food and Commercial Workers Local 21, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 10, 2018.

Attorney(s) appearing for the Case

Charles P. Roberts III , Winston-Salem, NC, argued the cause and filed the briefs for petitioner.

Kellie J. Isbell , Attorney, National Labor Relations Board, argued the cause for respondent. On the brief were Richard F. Griffin, Jr. , General Counsel, John H. Ferguson , Associate General Counsel, Linda Dreeben , Deputy Associate General Counsel, Elizabeth A. Heaney , Supervisory Attorney, and Heather S. Beard , Attorney.

Matthew J. Ginsburg , Andover, MA, argued the cause for intervenor. With him on the brief was James B. Coppess , Washington, DC.

Before: Garland, Chief Judge, and Rogers and Srinivasan, Circuit Judges.

In this case, a small number of off-duty hospital employees, seeking to inform visitors to the facility about an ongoing labor dispute, peacefully distributed leaflets and held picket signs on hospital property next to an entrance. It is undisputed that the employees' distribution of leaflets was protected under the National...

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