First Amendment and the NLRA

On March 11, the NLRB requested en banc consideration of a divided 9th Circuit panel opinion in McDermott v. Ampersand Publ'g LLC d/b/a Santa Barbara News-Press, 9th Cir., No. 08-56202. In that case the majority found a 10(j) injunction in favor of reporters asserting a violation of the NLRA would run afoul of the employer's First Amendment rights. Our previous post on the panel decision is here.