Issue: Labor
Court: U.S. Court of Appeals for the Ninth Circuit

RLC's Position:
The RLC joined other business associations in filing an amici brief with the U.S. Court of Appeals for the Ninth Circuit to weigh in on the court’s decision to apply a 10-fact test to conclude that the employer should not have issued warnings to employees in response to an in-store union demonstration and work stoppage. The brief explained that the NLRB’s approach is not only contrary to precedent, but would be ridiculously difficult to apply in the real world. The brief asked the court to utilize the “return to work or take it outside” principle, which is simple to understand, easy to apply, and consistent with well-established case law. 

Case Outcome:
The court granted the parties' joint motion to dismiss with prejudice the petitions for review and the parties' joint motion to dismiss without prejudice the National Relations Board's application for enforcement. 

Procedural History and Case Documents:

  • Case dismissed August 2018
Please use the DOWNLOAD button below to access the RLC's Brief.


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