Legal Opinion · Dissent
National Labor Relations Board v. Allied Mechanical Services, Inc.
Court of Appeals for the Sixth Circuit
Decided October 30, 2013No. 12-1235, 12-1351Published
1DissentMartha Craig Daughtrey, Circuit Judge
Because my colleagues have reached the decision not to enforce the National Labor Relations Board’s order against defendant Allied Mechanical Services by ignoring both the evidence in the record and sound principles of administrative law, I respectfully dissent.
In BE & K Construction Co. v. NLRB, 536 U.S. 516, 122 S.Ct. 2390, 153 L.Ed.2d 499 (2002), the United States Supreme Court recognized that an employer’s First Amendment right to petition the courts might be infringed if lawsuits against unions filed by such employers were deemed to be unfair labor practices simply because those lawsuits…
2Cases cited5 opinions
- United Paperworkers International Union v. Misco, Inc.Supreme Court of the United States · 1987
- BE&K Construction Co. v. National Labor Relations BoardSupreme Court of the United States · 2002
- Petrochem Insulation, Inc. v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 2001
- Monroe Auto Equipment Co. v. International UnionCourt of Appeals for the Sixth Circuit · 1992
- Shafer Redi-Mix, Inc. v. Chauffeurs, Teamsters & Helpers Local Union 7Court of Appeals for the Sixth Circuit · 2011