No. 21-1520

Wismettac Asian Foods, Inc. v. National Labor Relations Board

Lower Court: Ninth Circuit
Docketed: 2022-06-03
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law civil-procedure due-process employer-speech first-amendment free-speech labor-board labor-law national-labor-relations-act section-8c standing union-authorization
Latest Conference: 2022-09-28
Question Presented (from Petition)

1. Did the National Labor Relations Board violate
Section 8(c) of the National Labor Relations Act, 29
U.S.C. § 158(c), which guarantees employer free speech
as protected by the First Amendment to the United
States Constitution, by finding that Petitioner violated Section 8(a)(1) of the National Labor Relations Act,
29 U.S.C. § 158(a)(1), when it provided information
to its employees as to how to revoke a previously
executed union authorization card?

2. Did the National Labor Relations Board violate
Section 7 of the National Labor Relations Act, 29
U.S.C. § 157, by interfering with employees' "right to
refrain" from unionization by disallowing Petitioner
to provide its employees information as to revocation
of union authorization cards.

3. Did the Court of Appeals for the Ninth Circuit
issue a ruling contrary to other United States Circuit
Courts of Appeal in addressing this issue?

4. Is the case law of the National Labor Relations
Board and the United States Courts of Appeal,
addressing the concept of "ministerial assistance" in
cases similar to the present facts inconsistent, ambiguous and vague, making it impossible for employers to
engage in protected First Amendment activity?

Question Presented (AI Summary)

Did the NLRB violate employer-free-speech, 1st-amendment, 8c-nlra, 8a1-nlra, employee-rights-to-refrain, circuit-split

Docket Entries

2022-10-03
Petition DENIED.
2022-07-13
DISTRIBUTED for Conference of 9/28/2022.
2022-06-29
Waiver of right of respondent National Labor Relations Board, et al. to respond filed.
2022-05-19
Petition for a writ of certiorari filed. (Response due July 5, 2022)

Attorneys

National Labor Relations Board, et al.
Elizabeth B. PrelogarSolicitor General, Respondent
Wismettac Asian Foods, Inc.
Scott Allen WilsonLaw Offices of Scott A. Wilson, Petitioner