SERVICE EMPLOYEES INT'L UNION LOCAL 87 v. NLRB

No. 19-70334.

995 F.3d 1032 (2021)

SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 87, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Preferred Building Services, Inc., Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed April 28, 2021.


Attorney(s) appearing for the Case

P. Casey Pitts (argued) and Stacey M. Leyton , Altshuler Berzon LLP, San Francisco, California; Nicole G. Berner , Claire Prestel , and John M. D'Elia , Service Employees International Union, Washington, D.C.; for Petitioner.

Kellie Isbell (argued), Senior Attorney; Julie Brock Broido , Supervisory Attorney; David Habenstreit , Acting Deputy Associate General Counsel; Alice B. Stock , Associate General Counsel; Peter B. Robb , General Counsel; National Labor Relations Board, Washington, D.C.; for Respondent.

Charlotte Garden , Fred T. Korematsu Center for Law & Equality, Ronald A. Peterson Law Clinic, Seattle University School of Law, Seattle, Washington; Catherine L. Fisk , Berkeley, California; for Amici Curiae Labor Law Professors.

Jonathan C. Fritts , Michael E. Kenneally , and Richard J. Marks , Morgan Lewis Bockius LLP, Washington, D.C.; John C. Sullivan , Morgan Lewis Bockius LLP, Dallas, Texas; Daryl Joseffer and Jonathan D. Urick , U.S. Chamber Litigation Center Inc., Washington, D.C.; for Amici Curiae Chamber of Commerce of the United States of America, Coalition for a Democratic Workplace, Associated Builders and Contractors, National Retail Federation, and Retail Industry Leaders Association.

Before: Paul J. Watford, Michelle T. Friedland, and Eric D. Miller, Circuit Judges.


OPINION

With the help of a union, janitorial employees picketed outside the commercial office building where they worked to protest their low wages and poor working conditions. The employees were fired as a result. The National Labor Relations Act (NLRA), 29 U.S.C. § 151 et seq., ordinarily protects...

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