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BE&K CONSTR. CO. v. NLRB

No. 01-518.

536 U.S. 516 (2002)

122 S.Ct. 2390

153 L.Ed.2d 499

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

Supreme Court of United States.

Decided June 24, 2002.

Attorney(s) appearing for the Case

Maurice Baskin argued the cause and filed briefs for petitioner.

Deputy Solicitor General Wallace argued the cause for respondents. With him on the brief for the National Labor Relations Board were Solicitor General Olson, Austin C. Schlick, Arthur F. Rosenfeld, John H. Ferguson, Norton J. Come, and John Emad Arbab. Sandra Rae Benson, Theodore Franklin, Jonathan P. Hiatt, James B. Coppess, Peter D. Nussbaum, Meera Trehan, and Laurence Gold filed a brief for respondent Unions.*

O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Scalia, Kennedy, and Thomas, JJ., joined. Scalia, J., filed a concurring opinion, in which Thomas, J., joined, p. 537. Breyer, J., filed an opinion concurring in part and concurring in the judgment, in which Stevens, Souter, and Ginsburg, JJ., joined, p. 538.

Justice O'Connor, delivered the opinion of the Court.

Petitioner sued respondent unions, claiming that their lobbying, litigation, and other concerted activities violated federal labor law and antitrust law. After petitioner lost on or withdrew each of its claims, the National Labor Relations Board decided petitioner had violated federal labor law by prosecuting an unsuccessful suit with a retaliatory motive. The Court of Appeals affirmed. Because we find the Board...

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