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Wismettac Asian Foods, Inc. v. National Labor Relations Board

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-73768, 21-70142 · judgment February 2, 2022

Certiorari denied · October 3, 2022
Pre-decision estimate: 5% cert probability (95% interval 4%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a dissent in the court below (flagged in the petition), and a business petitioner.

Questions presented

  1. Did the National Labor Relations Board violate Section 8(c) of the National Labor Relations Act, 29 U.S.C. § 158(c), which guarantees employer free speech as protected by the First Amendment to the United States Constitution, by finding that Petitioner violated Section 8(a)(1) of the National Labor Relations Act, 29 U.S.C. § 158(a)(1), when it provided information to its employees as to how to revoke a previously executed union authorization card?

  2. Did the National Labor Relations Board violate Section 7 of the National Labor Relations Act, 29 U.S.C. § 157, by interfering with employees’ “right to refrain” from unionization by disallowing Petitioner to provide its employees information as to revocation of union authorization cards.

  3. Did the Court of Appeals for the Ninth Circuit issue a ruling contrary to other United States Circuit Courts of Appeal in addressing this issue?

  4. Is the case law of the National Labor Relations Board and the United States Courts of Appeal, addressing the concept of “ministerial assistance” in cases similar to the present facts inconsistent, ambiguous and vague, making it impossible for employers to engage in protected First Amendment activity?

Counsel of record

For petitioner
Scott Allen Wilson
Law Offices of Scott A. Wilson

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 03 2022
    Petition DENIED.
  2. Jul 13 2022
    DISTRIBUTED for Conference of 9/28/2022.
  3. Jun 29 2022
    Waiver of right of respondent National Labor Relations Board, et al. to respond filed.
    Main Document
  4. May 19 2022
    Petition for a writ of certiorari filed. (Response due July 5, 2022)
    PetitionAppendixCertificate of Word CountProof of Service