BE & K CONSTRUCTION COMPANY v. NATIONAL LABOR RELATIONS BOARD et al.

Legal Principle at Issue

Did the Court of Appeals err in holding that under Bill Johnsons Restaurants, Inc. v. NLRB, 461 U.S. 731 (1983), the NLRB may, consistent with the First Amendment, impose liability on an employer for filing a losing retaliatory lawsuit, even if the employer could show the suit was not objectively baseless?

Action

Reversed and remanded. Petitioning party received a favorable disposition.