United Parcel Service, Inc., Petitioner/cross-Respondent v. National Labor Relations Board, Respondent/cross-Petitioner, David Dunning, Intervenor

O’MALLEY, District Judge.

This action is a direct appeal from a decision of the National Labor Relations Board [“NLRB”]. The NLRB found that United Parcel Service, Inc. [“UPS”] committed several unfair labor practices. The Administrative Law Judge [“ALJ”] found that UPS’s prohibition of the distribution of union literature in two areas she classified as “non-work” or “mixed” areas, and UPS’s removal of a union document from a union bulletin board were unfair labor practices in violation of the National Labor Relations Act, 29 U.S.C. § 158(a)(1). The NLRB affirmed the ALJ’s decision below. We…