Ampersand Publishing, LLC v. NLRB, No. 11-1284 (D.C. Cir. 2012)Annotate this Case
After the union and a former newsroom supervisor filed complaints against Ampersand, the ALJ found - and the Board affirmed - that each of these actions violated section 8(a)(1) and/or 8(a)(3) of the National Labor Relations Act, 29 U.S.C. 158(a)(1), 158(a)(3). The ALJ and Board further concluded that Ampersand violated section 8(a)(1) by coercively interrogating employees about union activity, surveilling union activity, and requiring employees to remove buttons and signs with a certain message. The court held that the Board did not protect the bulk of the employees' activity and that the Board's misconception of the line between protected and unprotected activity tainted its analysis. Because the court could conceive of no principle by which the Board could cleanse that taint, the court granted the petition for review, vacated the Board's decision and order, and denied the cross-application for enforcement.