Venetian Casino Resort, L.L.C. v. NLRB, No. 12-1021 (D.C. Cir. 2015)
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The NLRB determined that the Venetian committed an unfair labor practice under the National Labor Relations Act, 29 U.S.C. 157, when it requested that police officers at the scene of a union demonstration issue criminal citations to the demonstrators and block them from the walkway because they were allegedly trespassing. The Venetian argues that the Noerr-Pennington doctrine immunizes it from liability under the Act. Under that doctrine, conduct that constitutes a direct petition to government, but would otherwise violate the Act, is shielded from liability by the First Amendment. The court granted the Venetian's petition for review because the act of summoning the police to enforce state trespass law is a direct
petition to government subject to protection under the Noerr-Pennington doctrine; denied the Board's cross-application for enforcement; and vacated the Board's order. Because the Board did not address whether the Venetian’s petition was a sham, the court remanded so that the Board may consider that question in the first instance.
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