BROWNING-FERRIS INDUSTRIES OF CALIFORNIA v. NLRB

Attorney(s) appearing for the Case

Joshua L. Ditelberg , Chicago, IL, argued the cause for petitioner. With him on the briefs was Stuart Newman , Atlanta, GA.

Greg Abbott , Governor, Office of the Governor for the State of Texas, and Adam W. Aston , Deputy General Counsel at the time the brief was filed, Office of the Attorney General for the State of Texas, were on the brief for amicus curiae the Governor of Texas in support of petitioner.

Linda E. Kelly , Washington, DC, Peter Kirsanow , Maynard A. Buck , Cleveland, OH, and Richard Hepp were on the brief for amici curiae National Association of Manufacturers, et al. in support of petitioner.

Robert M. Loeb , Washington, DC, Naomi Mower , Jeremy Peterman , Washington, DC, and Tom Burt , Redmond, WA, were on the brief for amici curiae Microsoft Corporation and HR Policy Association in support of petitioner.

Ronald Meisburg , Andrea R. Calem , Washington, DC, and Kurt G. Larkin , Richmond, VA, were on the brief for amici curiae Associated Builders and Contractors, et al. in support of petitioner.

Richard A. Samp , Washington, DC, was on the brief for amicus curiae Washington Legal Foundation in support of petitioner.

Adam G. Unikowsky , Washington, DC, Kathryn Comerford Todd , Steven P. Lehotsky , and Warren Postman were on the brief for amici curiae The Chamber of Commerce of the United States of America and The Retail Litigation Center, Inc. in support of petitioner.

Joel A. Heller , Attorney, National Labor Relations Board, was on the brief for respondent. With him on the brief were Richard F. Griffin, Jr. , General Counsel at the time the brief was filed, John H. Ferguson , Associate General Counsel at the time the brief was filed, Linda Dreeben , Deputy Associate General Counsel, and Jill A. Griffin , Supervisory Attorney.

Harold Craig Becker argued the cause for intervenor. With him on the brief were James B. Coppess , Washington, DC, Maneesh Sharma , Pittsburgh, PA, Teague P. Paterson , and Susan K. Garea .

P. David Lopez , General Counsel at the time the brief was filed, Jennifer S. Goldstein and Gail S. Coleman , Attorneys, Equal Employment Opportunity Commission, were on the brief for amicus curiae Equal Employment Opportunity Commission in support of respondent.

Dissenting opinion filed by Senior Judge Randolph.