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
Key Terms:
Arbitration ERISA FirstAmendment LaborRelations
Latest Conference: 2022-09-28
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

QUESTIONS PRESENTED 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?

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